State v. Kuhns

Citations

• 27 Del. 264
• 4 Boyce 264
• 88 A. 455
• 1913 Del. LEXIS 41

Syllabus

<p>1. Pleading—Time for Filing—Statutory Provisions.</p> <p>Rev. Code 1852, amended to 1893, p. 789, c, 106, § 1, provides that the judges of the Superior Court, shall have power, by rules made, to make such alterations in the mode of pleading in such court, and the mode of entering and transcribing pleadings, etc., as to them may seem expedient. Superior Court Rule 8, § 6, provides that the first Monday in each month shall be general rule day, but that plaintiff shall not be required to file his declaration or the defendant his plea until the second rule day after the day to which the process is returnable. Section 7 provides that every rule shall be filed fifteen days before the rule day, whether general or special, on which it expires; that either party shall be entitled to special rules for pleading, expirable on any day not less than fifteen, by giving written notice to the adverse party; that in all actions, except scire facias and ejectment, when the defendant is in court in person or by attorney, the prothonotary shall enter a rule narr. by the first rule day in vacation, or non pros.-, that in scire facias, and actions in which declarations are filed, the prothonotary shall, immediately after the term to which the action is brought, enter a rule on the defendant to plead or demur by the second rule day in vacation, or judgment; and that when the defendant is not in court at the first term, but comes in afterward, the prothonotary shall enter a rule narr., by the rule day next succeeding such appearance or non pros. Acts Gen. Assem. 1913, 27 Del. Laws, c. 284, add to Section 1 of Chapter 106, p. 789, Rev. Code 1852, amended to 1893, a provision that, when no affidavit of demand is filed, the plaintiff shall be required to file his declaration, and in scire facias and ejectment pases the defendant his plea, on the first general rule day after the process is returnable; and that the first and third Mondays in each month shall be general rule days. Held, that t