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CANADAY v. SUPERIOR COURT

116 A.2d 678 (1955)

Ward M. CANADAY, Petitioner, v. The SUPERIOR COURT of the State of Delaware in and for NEW CASTLE COUNTY, and the Honorable Charles L. Terry, sitting as Judge of said Court, Respondents. Katharine R. Brainard, Executrix under the Last Will and Testament of Miller Brainard, Deceased, and Samuel Vance, Jr., Intervening Respondents.

Supreme Court of Delaware.

September 8, 1955.

Attorney(s) appearing for the Case

Edwin D. Steel, Jr., of Morris, Steel, Nichols & Arsht, Wilmington, for petitioner.

James R. Morford, of Morford & Bennethum, Wilmington, for intervening respondents.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is a petition for a writ of prohibition against the Superior Court of New Castle County. On December 22, 1953, an action was commenced in the Superior Court against Canaday, the petitioner herein, alleging a cause of action for brokerage commissions due the plaintiffs, the intervening respondents herein. The action was commenced by the filing of a complaint and the issuance of a writ of foreign attachment, under which the sheriff, on December...

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