Union Bank v. Randel — 3 Del. 416

Majority

p. 416

THE UNION BANK vs. JOHN RANDEL, Jr.

Headnote

A writ cannot be issued after the meeting1 of the court, returnable to the same term.

A writ issued before the term may be served on the first day of the term, at any time during that day.

Sci. fa. sur le mortgage. The writ in this case was issued three weeks before the sitting of the court, returnable to this term; but it was not served by the sheriff until Monday evening the 9th of May, being the first day of the session of the court, after the adjournment of the court on that day.

The matter was brought to the notice of the court, and the question was whether the service was sufficient.

Whiteley, for plaintiff.

Wales, for defendant.

thought it was. They referred to the rules of’ court; (Rule 6, 2 Harr. Rep. 162 ;) and to the case of Potter vs. White, ante 329. They said, however, that a writ could not‘be issued after the meeting of the court, on the first day of the term, returnable to that term.