Voigtmann v. Wilmington Trust Building Corp.
Superior Court of Delaware
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
- Lamoreaux v. AnderschSupreme Court of Minnesota · 1915
- Gordy v. Preform Building Components, Inc.Superior Court of Delaware · 1973
- Heitz v. SayersSuperior Court of Delaware · 1923
- E. J. Hollingsworth Co. v. Continental-Diamond Fibre Co.Superior Court of Delaware · 1934
- Warner Co. v. Leedom Construction Co.Supreme Court of Delaware · 1953
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