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Edward T. Bellah, Trustee, Assignee of William F. Seeds, vs. William S. Hilles, Administrator C. T. A., of Levi Taylor Dickson

Delaware Superior Court1899-03-30No. Foreign Attachment No. 134
2 Penne. 3418 Del. 34

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Court

held that as foreign attachment was only to compel appearance and that as the defendant had appeared by putting in special bail, under the express terms of the statute, the case proceeded as in cases commenced by summons, and that the plaintiff was therefore entitled to amend. Waples and wife vs. McIlvaine’s Admr., 5 Harr., 381; McColley vs. Collins, 5 Harr., 391; Benjamin’s Executors vs. Boyce, 3 Harr., 315; Collins vs. Townsend, 2 Harr., 317.

Amendment allowed.