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1 Del. Cas. 352

Cloud v. Davis

Delaware Court of Common Pleas

Decided May 15, 1794

Delaware Court of Common Pleas · decided 1794-05-15

Decided 1794-05-15

[Per] Curiam.

¶1Nothing less than an express agreement to waive notice can dispense with it. In every step of adversary proceedings, justice requires that notice should be given where the transaction is open to dispute. It struck us at first that notice should have been given, though we wished to know from the bar if the practice had been different.

¶2Deposition rejected.

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