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BENEFICIAL CONSUMER DISCOUNT COMPANY v. CHURCH

359 A.2d 185 (1976)

BENEFICIAL CONSUMER DISCOUNT COMPANY, a Delaware Corporation, Plaintiff, v. Jesse S. CHURCH and Ruby Church, Defendants.

Superior Court of Delaware, New Castle.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Abraham Hoffman, of Hoffman & Hoffman, Wilmington, for plaintiff.

Drew L. Johnson, Community Legal Aid Society, Inc., Wilmington, for defendants.

OPINION ON DEFENDANT'S MOTION TO VACATE ATTACHMENT

BIFFERATO, Judge.

Plaintiff filed a complaint seeking recovery of the balance due on a promissory note. Both the summons and an alias summons were returned non est inventus by the sherriff. Plaintiff thereafter petitioned for writs of attachment. The petition sought the issuance of a writ of foreign attachment as to defendant Jesse S. Church, who resides outside of Delaware, and a writ of domestic...

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