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Sirman v. Barnard

1 Del. 497 1 Harr. 497 Court Del. Super. Ct. English

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p. 497
JOSEPH SIRMAN for the use of GEORGE TUNNEL vs. ANN C. BARNARD, adm’x. of DERICK BERNARD.

Headnote

Notice of the execution of a rule of reference must be given to the opposite party and not to the attorney.

Rule to show cause why an award should not be set aside on the ground that no notice of the meeting of the arbitrators was given to the defendant. The reference specified that the rule might be executed exporte on ten days notice. It was admitted that notice had not been served on the deft, but on her counsel. Mrs. Bernard resides in the county.

Rule absolute,[1]

(a) (a) See Cazier vs. Blackstock, ante 362.