Pond v. Benzik

Citations

• 29 Del. 451
• 6 Boyce 451
• 100 A. 476
• 1917 Del. LEXIS 19

Syllabus

<p>Replevin—Delivery Bond—Erroneous Naming of Defendant—Amendment of Writ.</p> <p>In replevin, where the sheriff levied on the property, but the defendant was erroneously 'named and interposed in his proper name and gave bond in his proper name, and the sheriff made return that he had replevied the goods and delivered them on counterbond by the defendant in his proper name, erroneously designated in the writ, and summoned the defendant personally in his proper name and counsel for defendant in his proper name entered appearance, the property and the defendant were' in court, and plaintiff should be allowed to amend his praecipe and the writ.</p>