Fisher v. Wannamacher

Citations

• 18 Del. 32
• 2 Penne. 32
• 43 A. 89
• 1899 Del. LEXIS 5

Syllabus

<p>In a scire facias proceeding upon a mortgage, certain of the defendants were served personally under the original scire facias at the first term of court, but failed to file their affidavit of defence until the return of the alias sci. fa. at the second term. Held; that said parties who were served under the first writ should have filed their affidavit of defence at the first term of the court to which the original process was returnable, and not having so filed said affidavit, it was too late to file it at the second term, upon the return of the alias sci. fa.-, and that the plaintiff was therefore entitled to judgment notwithstanding the affidavit of defence.</p>