Superior Court of Delaware, 1845

Stone v. Jones

Stone v. Jones
Superior Court of Delaware · Decided July 5, 1845
4 Del. 255

Counsel

Patterson, for Craige., Whitely, for other creditors., Patterson, for Craige, another creditor,, Whitely, for other creditors,

Stone v. Jones

Opinion of the Court

The Court

said the proceedings under the attachment are not necessarily stopped by the payment of the claim of the attaching creditor, after judgment and auditors. appointed. The other creditors have an interest in the proceedings, as they may not issue any second writ of• attachment. A substitution is not necessary, as in the case of the death of the attaching creditor; the proceedings may still be conducted in his name; and the auditors have leave to report to the next term.

Order to auditors to proceed.

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