Legal Opinion
Forbes v. Thompson
Superior Court of Delaware
Decided June 9, 1900No. Attachment fi. fa., No. 2PublishedCited by 5 opinions
Rule to show cause why sheriff’s return should not be set aside. Motion to strike off the return and quash the writ.
1Opinion of the Court
The facts appear in the opinion of the Court.
Pennewill, J.,
delivering the opinion of the Court:
In this case an attachment fieri facias was issued against Gavin Thompson and John Walther, defendants in a certain judgment in the Superior Court of this county, in favor of Samuel D. Forbes.
Thompson, one of the defendants, had been deceased for more than a term of Court prior to the issuing of said attachment. There was no attempt or intention on the part of the plaintiff to attach the property of the deceased Thompson, but only that of the survivor. The writ was directed against both, so as to…
2Cases cited3 opinions
- Myer v. Liverpool, London & Globe InsuranceCourt of Appeals of Maryland · 1874
- Odend'hal v. DevlinCourt of Appeals of Maryland · 1878
- Barton v. BartonCourt of Appeals of Maryland · 1870
3Cited by5 opinions
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Eliason v. DraperSuperior Court of Delaware · 1910
- John Julian Construction Co. v. Monarch Builders, Inc.Superior Court of Delaware · 1973
- Burris v. BurgettCourt of Chancery of Delaware · 1927
- First National Bank v. CrookSuperior Court of Delaware · 1933