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4 Del. 326

Shannon v. Allen

Superior Court of Delaware

Decided November 15, 1845

Superior Court of Delaware · decided 1845-11-15

The constable returned this execution with an endorsement that he had summoned Abraham P. Shannon as garnishee. The garnishee appeared Feb. 18, 1843, and answered on oath “ that he has $28 in his hands,” therefore judgment against him for that sund.

Decided 1845-11-15

The Court.

¶1—The second exception in this case is fatal, a judgment cannot be rendered against a garnishee, nor his answer taken, on a day prior to the return day of the execution, nor subsequent, unless by adjournment or postponement for that purpose.

¶2Judgment reversed.

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