Newlin v. Adair
Superior Court of Delaware
Action Als. sci. fa. sur Judgment to the use of Harriet I. Newlin, administratrix de bonis non with will annexed of James B. Newlin, deceased, and Katie C. Phillips, Executrix of Emma A. Newlin, deceased, who was assignee of Julia A. P. Adair, against Robert Adair, administrator of Christopher B. Naudain, deceased, and others. On motion of defendants, made at the first term, that judgment be not given notwithstanding the affidavit of demand. Refused.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
The affidavit of demand in the above-stated case is attacked on two grounds, viz.:
1. Because there is no averment in the affidavit that Harriet I. Newlin, the affiant, is the administratrix of James B. Newlin, deceased.
2. Because there is no averment in the affidavit that the affiant is the plaintiff in the action.
[1] In support of the first objection counsel for the defendants have cited the following Delaware cases, viz.: Blades Lumber Co. v. Kent & Weeks Lumber Co., 2 Marv. 302, 43 Atl. 174; St. Joseph’s Polish Catholic B. Society v. St.…
2Cases cited2 opinions
- Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's ChurchSuperior Court of Delaware · 1901
- Buker v. GibsonSuperior Court of Delaware · 1897
3Cited by2 opinions
- Jersawit v. BanningSuperior Court of Delaware · 1922
- Koury v. Claymont Development Co.Superior Court of Delaware · 1923