Chambers v. Jones
Superior Court of Delaware
On February 15, 1898, petition and affidavit of the plaintiff filed, and on motion of plaintiff’s attorney, a rule was granted upon the defendants to show cause why a writ of possession should not issue returnable on Saturday, the nineteenth day of February, 1898, at ten o’clock a. m.
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On February 15, 1898, petition and affidavit of the plaintiff filed, and on motion of plaintiff’s attorney, a rule was granted upon the defendants to show cause why a writ of possession should not issue returnable on Saturday, the nineteenth day of February, 1898, at ten o’clock a. m. The above mentioned rule was issued on the sixteenth day of February, upon which the Sheriff made the following return : ‘ ‘ The within rule executed by summoning Susan T. Jones and James T. Jones personally to show cause February 17, 1898.” On the nineteenth day of February, the day to which said rule, was…
1Opinion of the Court
Fore, C. J:—
The statute says that such rule shall be served at least two full days before the return thereof. It is no service unless you comply with the terms of the statute.
An alias writ was then asked for by Mr. Nields and granted .by the Court.
2Cited by4 opinions
- Simkin v. ColeSuperior Court of Delaware · 1922
- Santow v. UllmanSupreme Court of Delaware · 1960
- Santow v. UllmanCourt of Chancery of Delaware · 1960
- Jones v. HindererSuperior Court of Delaware · 1920