Jefferson v. Padley

Decided January 11, 1917

Superior Court of Delaware · decided 1917-01-11

Action by Charles W. Jefferson against James I. Padley. Judgment for plaintiff, motion to quash pluries fierie facias. Motion denied. This was a motion on behalf of the defendant, to quash an execution writ of pluries fi. fa., No. 1, to January term, 1917, on' the ground that the writ does not show upon its face that it was issued to recover the residue of the judgment debt.

Decided 1917-01-11

Per Curiam:

¶1At one time in this state, under such circumstances, it was necessary to issue the alias or pluries fi. fa. in the form of a fi. fa. for the residue. Fiddleman v. Biddle, 1 Harr. 500. However, this practice has been changed for many years and it is now sufficient if the alias or pluries writ issues in the general form of an alias or pluries fi. fa. Woolley on Del. Practice, § 1002.

¶2As the form of the writ issued in this case follows the established practice, we are of the opinion that it should not be quashed. The court therefore refuse the motion.