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COHEN v. KRIGSTEIN

114 A.2d 225 (1955)

Clara COHEN and Joseph Cohen, Plaintiffs, v. Isaac KRIGSTEIN and Benjamin Seidel, also known as Ben Seidel, Defendants.

Superior Court of Delaware, New Castle.

May 12, 1955.

Attorney(s) appearing for the Case

Stewart Lynch and Alfred R. Fraczkowski (of Hastings, Lynch & Taylor), Wilmington, for plaintiffs.

William Prickett and Jackson W. Raysor, Wilmington, for defendant Benjamin Seidel.

HERRMANN, Judge.

The Court is called upon to decide whether the defendant Benjamin Seidel may attack the verity of the Sheriff's return showing service of summons upon him.

This action was commenced on October 13, 1954. By endorsement on the writ of summons, the Sheriff made return of service of summons upon Seidel as follows:

"Summoned personally Benjamin Seidel and left with him a copy of the within writ together with a copy of the complaint on...

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