McClay v. Houston's , 1 Del. 529 ( 1835 )

The only exception relied on in this case was to the execution which was made returnable on the 31st of March, 1835, and contained a clause for summoning the garnishees of the defendant to appear before the justice and answer on the 81st of February.

Gilpin, for McClay. Hamilton, for Houston’s adm’r.

The act of assembly (sec. 30) makes the time for the appearance of the garnishees the same with the return day of the execution.

Execution set aside.