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CANADAY v. SUPERIOR COURT

119 A.2d 347 (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 Millar Brainard, Deceased, and Samuel Vance, Jr., Intervening Respondents.

Supreme Court of Delaware.

Rehearing Denied January 3, 1956.

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 prohibition1 to end further proceedings in an action pending in the Superior Court of New Castle County. The action was filed by Brainard, the intervening respondent here, against Canaday for brokerage fees, and was commenced by a writ of foreign attachment and the purported seizure under it of Canaday's stock in a Delaware corporation.

After the purported seizure, Canaday petitioned...

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