Tucker v. Tucker
Superior Court of Delaware
Action for Divorce by Thomas Tucker against Florence Tucker. On motion to dismiss the petition on the ground that the seal of the notary was not attached to the jurat. Motion denied. When the case was called, on the first day of the term, Mr. Magee asked leave to appear specially for the defendant, for the purpose of moving to dismiss the petition, on the ground that the notary’s seal was not attached to the affidavit annexed to the petition. Leave to appear granted.
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Action for Divorce by Thomas Tucker against Florence Tucker. On motion to dismiss the petition on the ground that the seal of the notary was not attached to the jurat. Motion denied. When the case was called, on the first day of the term, Mr. Magee asked leave to appear specially for the defendant, for the purpose of moving to dismiss the petition, on the ground that the notary’s seal was not attached to the affidavit annexed to the petition. Leave to appear granted. Mr. Harrington objected to the dismissal of the petition, on the ground that the absence of the seal from the affidavit was a…
1Opinion of the Court
Pennewill, C. J.:
We decline to dismiss the petition. The notary may at any time during the day attach his seal to the affidavit.
2Cited by3 opinions
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- Wenz v. WenzSuperior Court of Delaware · 1935
- Southern Maryland Trust Co. v. HenrySuperior Court of Delaware · 1931