Woodward v. Daniels

Harrington, J.,

delivering the opinion of the Court:

The plantiff proceeded in this case by writ of scire facias which is the usual and customary method of procedure. Register v. Layman et al., 5 Harr. 349; Biggs v. Rickards et al., 3 Harr. 283; Wooley on Del. Practice, §§1309, 1351. The defendant did not deny that under ordinary circumstances both plaintiff and defendant in a suit must be fully identified on the record; nor did he deny that if T. L. Woodward and the plaintiff were one and the same person that it was the duty of the said Woodward to bring suit by his Christian and surname,…