Legal Opinion

Pond v. Benzik

Superior Court of Delaware

Decided March 21, 1917No. 28PublishedCited by 7 opinions

Action by Frank H. Pond against Alex Benzik. On plaintiff’s motion to strike bond from the files. Praecipe and writ amended.

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Action by Frank H. Pond against Alex Benzik. On plaintiff’s motion to strike bond from the files. Praecipe and writ amended. On written motion by plaintiff, in substance, that the property bond given by William Benzik to the sheriff may be stricken from the files of the court, and that the sheriff be ordered to return the property replevied by him to the plaintiff, until such time as the defendant in the writ gives a proper bond for the property; or that the praecipe, writ and return thereon may be amended by striking out the name of Alex Benzik and inserting in lieu thereof the name of…

1Opinion of the Court

Boyce, J.,

delivering the opinion of the court:

This is an action of replevin. The sheriff executed the writ , in so far as to replevy the property mentioned therein. William Benzik then interposed, and gave to the sheriff the following bond:

*452“Be it remembered, that William Benzik and Edgar P. Reese, of the city of Wilmington, New Castle County and State of Delaware, personally appeared before Harry J. Stidham, sheriff of New Castle County aforesaid, and acknowledged to owe to said Harry J. Stidham, sheriff as aforesaid, the sum of eight hundred dollars to be levied on their goods, chattels,…

2Cited by7 opinions

  1. Bennett v. StateSupreme Court of Delaware · 1960
  2. Halko v. StateSupreme Court of Delaware · 1961
  3. Quillen v. StateSupreme Court of Delaware · 1955
  4. State v. CareyDelaware Court of Oyer and Terminer · 1935
  5. In re GouldSuperior Court of Delaware · 1921

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