Superior Court of Delaware, 1848

Houston v. Levy Court

Houston v. Levy Court
Superior Court of Delaware · Decided July 1, 1848
5 Del. 15

Counsel

Mr. Saulsbury, for the defendants, moved to quash the rule, because it was not laid on the individual members of the Levy Court., Saulsbury., Houston., Mr. Me Fee , Mr. Houston., Mr. Cullen

Houston v. Levy Court

Opinion of the Court

By the Court.

We vacate the rule on the second ground taken in the argument, namely, that the object or purpose of the rule is not stated, and it gives no notice to the defendants of the object of the mandamus.

In every proceeding before a court of justice, however commenced, the defendant is entitled to know, generally, what is the nature and object of the action, before he can be called on to answer it.

We say nothing at present on the other point, but we vacate the rule; and the party may have leave to amend the motion.

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