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VIARS v. SURBAUGH

335 A.2d 285 (1975)

Linda K. VIARS, formerly known as Linda K. Hultberg, Plaintiff, v. Dale A. SURBAUGH, Defendant.

Superior Court of Delaware, New Castle.

March 4, 1975.

Attorney(s) appearing for the Case

Hiram W. Warder, Wilmington, for plaintiff.

Alfred M. Isaacs, Flanzer & Isaacs, Wilmington, for defendant.

STIFTEL, President Judge.

Rule 12(b), Del.C.Ann., motion to dismiss complaint because of plaintiff's failure to obtain timely alias writ and for failure to properly comply with non-resident motor vehicle statute. Defendant contends, first, that since plaintiff did not comply with Superior Court Civil Rule 4(a),1 her action died. Additionally, defendant claims that plaintiff's eventual attempt as service under the non-resident motorist...

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