Legal Opinion

Voigtmann v. Wilmington Trust Building Corp.

Superior Court of Delaware

Decided June 24, 1908No. 34PublishedCited by 12 opinions

Special demurrers to defendants’ pleas, and motion to strike out notice of recoupment. Motion for a nonsuit granted.

1Opinion of the Court

Spruance, J.:

No doubt at common law in proceedings *267upon scire facias there was no such thing known as set-off. The theory upon which this rule was established must have been that the subjects to which scire facias was then applied were matters of record; judgments or recognizances. They were cases where there had been an adjudication of indebtedness and a judgment of the Court or a recognizance where there was a solemn acknowledgment in Court binding the parties.

The case of Burton vs. Willin, 6 Houst. 522, was an appeal from a decision of the Court of Chancery. Burton had entered into a…

2Cited by12 opinions

  1. Lamoreaux v. AnderschSupreme Court of Minnesota · 1915
  2. Gordy v. Preform Building Components, Inc.Superior Court of Delaware · 1973
  3. Heitz v. SayersSuperior Court of Delaware · 1923
  4. E. J. Hollingsworth Co. v. Continental-Diamond Fibre Co.Superior Court of Delaware · 1934
  5. Warner Co. v. Leedom Construction Co.Supreme Court of Delaware · 1953

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