Superior Court of Delaware, 1837

Townsend v. Houston

Townsend v. Houston
Superior Court of Delaware · Decided July 5, 1837 · Court
2 Del. 157

Counsel

Frame and Brinckloe, for the motion. Cullen, against it.

Townsend v. Houston

Opinion of the Court

The Court,

considering the case as falling within the equity of the thirty-eighth rule of court, (post, p. 164.) though not within its terms, granted the motion, though objected to; and ordered that plaintiff give security for costs by the second rule day in vacation, or judgment of non pros, (a.)

(a.)

).The same was the rule and practice of the old courts; and also of Chancery.

Buckmaster vs. Buckmaster et ux. ex'x. Chancery, Kent; Aug. Term 1814.

On the affidavit of Joseph Buckmaster, one of the defendants, being filed ; stating that the complainant removed out of the state soon after filing his bill; and that he had for a year and upwards, resided in the State of Ohio ; the Chancellor granted a rule that the complainant give security for the payment of the costs by the first day of next term; Or that the bill be dismissed. 2 Stranee. 697.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.