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17 Del. 209

Chambers v. Jones

Superior Court of Delaware

Decided February 19, 1898

Superior Court of Delaware · decided 1898-02-19

On February 15, 1898, petition and affidavit of the plaintiff filed, and on motion of plaintiff’s attorney, a rule was granted upon the defendants to show cause why a writ of possession should not issue returnable on Saturday, the nineteenth day of February, 1898, at ten o’clock a. m. The above mentioned rule was issued on the sixteenth day of February, upon which the Sheriff made the following return : ‘ ‘ The within rule executed by summoning Susan T. Jones and James T.…

Decided 1898-02-19

Fore, C. J:—

¶1The statute says that such rule shall be served at least two full days before the return thereof. It is no service unless you comply with the terms of the statute.

¶2An alias writ was then asked for by Mr. Nields and granted .by the Court.

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