Wilmington Trust Company v. Barry

Supreme Court of Delaware May 11, 1976

Wilmington Trust Company v. Barry, 359 A.2d 664 (Del. 1976)

1976 Del. LEXIS 432

Herrmann, Chief Justice, and Duffy and McNeilly, Justices

Opinion

PER CURIAM:

This case was begun by a writ of foreign attachment, 10 Del.C. § 3506, by which the proceeds of certain insurance policies were seized as a basis for establishing jurisdiction in the Superior Court. The Court determined that the policy in issue was exempt from creditor claims by the provisions of 18 Del.C. § 2726, Del. Super., 338 A.2d 575 (1975). We have concluded, for the reasons stated in the careful and complete opinion of the Superior Court, that its ruling was a correct interpretation and application of the statute. *

Accordingly, the judgment is affirmed.

Plaintiff argues in this Court that the statute is unconstitutional hut, since that question was not “fairly presented to the court below for decision,” Supreme Court Rule 5 (7), we refuse to consider it here. Wilmington Memorial Co. v. Silverbrook Cemetery Co., Del.Supr., 297 A.2d 378 (1972) ; Darling Apartment Co. v. Springer, Del.Supr., 25 Del. 420, 22 A.2d 397 (1941).

Reference

Full Case Name: WILMINGTON TRUST COMPANY, a Delaware Corporation, Plaintiff Below, Appellant, v. Virginia J. BARRY Et Al., Defendants Below, Appellees
Status: Published