Legal Opinion

Odessa Loan Ass'n v. Dyer

Superior Court of Delaware

Decided September 27, 1911No. 137PublishedCited by 4 opinions

Scire Facias Sur Mortgage Rule to show cause why a judgment and the execution issued thereon should not be vacated. The judgment was moved for and entered for want of an affidavit of defence. The only service of process attempted to be made on the defendant was, as shown by the sheriff’s return, endorsed thereon: ‘ ‘ Service accepted (signature of attorney), attorney for William E. Dyer, May 18, 1907.”

1Opinion of the CourtWoolley, J.

delivering the opinion of the court:

It appears from the petition filed in support of the rule, that the above-entitled cause was docketed in this court at its May term, 1907; that no service of process was made or attempted to be made upon the defendant, except in the manner shown by the return indorsed thereon, as follows: “Service accepted.” [Signature of Attorney], “Attorney for William E. Dyer, May 18th, 1907;” that judgment was moved for and entered for want of an affidavit of defense and execution on the judgment thereafter issued.

[1-3] The jurisdiction of a court over the…

2Cited by4 opinions

  1. Miles v. LaytonSupreme Court of Delaware · 1937
  2. Tweed v. LocktonSuperior Court of Delaware · 1932
  3. Hendrix v. KelleySuperior Court of Delaware · 1928
  4. Morris v. MorrisSuperior Court of Delaware · 1912

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