Use of Duncan v. Richardson

Citations

• 15 Del. 372

Syllabus

<p>Jurisdiction. Bond. Forgery.—Where a surety on the bond of a tax collector denies that he signed it the Court will entertain an application to open the judgment, but where it is claimed that the signature was procured by fraud it will not take jurisdiction, but leave the party to his remedy in Chancery.</p> <p>Jury, Issue.—In such case where the signature is denied the Court will not determine the question of fact, but will direct that an issue be framed so that it may be passed upon by a jury,</p>