¶1The court ordered a copy to be furnished the def’dt. at his own *437expense, and said they would stay proceedings in the cause, until it was made out, or otherwise compel the plff. to furnish it. The deft, must necessarily have a copy, to enable him to plead; for if he sets the bond out in his plea, he must do so correctly, or the plff. *438may pray an enrolment and demur. The present prayer for an enrolment, does not come at a proper time, nor from the proper party; but the court will direct a copy to be given, which is all the „ *439def’dt. needs to enable him to plead. He may then place the bond on record or not, as he pleases.
1 Del. 433
Polk v. Mitchell
Decided July 1, 1834
Superior Court of Delaware · decided 1834-07-01
Debt on bond. Narr., Rule, Plea, &c. “The deft, craves oyer of the writing obligatory and the condition afs’d., and of the said pretended assignment thereof.” Notice given and copy demanded.
Decided 1834-07-01