Creadick v. Keller

Decision Date27 May 1932
Citation160 A. 909,35 Del. 169
CourtDelaware Superior Court
PartiesCARLTON E. CREADICK v. ANDREW E. KELLER and ANNA v. KELLER, who were sued with COLONIAL STAGES EAST, INC

Superior Court for New Castle County, No. 12, January Term 1932.

Case heard on motion of the defendants' attorney to quash the return of the Sheriff on the writ of summons.

The motion to quash the service in the present case is refused.

W Thomas Knowles for plaintiff.

James M. Malloy for defendants, appeared specially.

PENNEWILL C. J., HARRINGTON and RICHARDS, J. J., sitting.

OPINION

PENNEWILL, C. J.

In this case objection is made to the service of process and it is based on the plaintiff's failure to file with his declaration a return receipt signed by the defendant upon receiving by registered mail from the plaintiff a copy of the process and notice of its service.

The statute, Chapter 225, Vol. 35, Laws of Delaware, provides that

"Service of the legal process provided for in Section 1 * * * shall be made upon the Secretary of State of the State of Delaware in the same manner as is now or may be thereafter provided by law for service or writs of summons. * * * Provided, that a copy of the process with notice of such service, and that under the provisions of this Act it shall be as effectual to all intents and purposes as if it had been made upon such nonresident personally within this State, are forthwith sent by registered mail by the plaintiff in said civil action to said non-resident defendant therein, and the defendant's return receipt and the plaintiff's affidavit of the defendant's non-residence and of the sending of the copy of the process with the notice aforesaid are filed in the said action with the declaration." Section 2.

It is argued that the service is incomplete and invalid because the defendant's return receipt was not filed as required by the statute. But it does appear from plaintiff's affidavit and is not denied, that the defendants were non-residents and that the plaintiff sent to each of the defendants by registered mail a copy of the process, with notice of service. It further appears from the affidavit and envelopes attached thereto that a letter containing the required information was sent by registered mail to each of the defendants, at their correct address, to be delivered to addressees only; that a return receipt was requested; that said letters were delivered to ...

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6 cases
  • Wise v. Herzog
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 15, 1940
    ...Wax v. Van Marter, 124 Pa.Super. 573, 577, 189 A. 537, 539. 26 Wax v. Van Marter, 124 Pa.Super. 573, 189 A. 537; Creadick v. Keller, 5 W.W.Harr. 169, 35 Del. 169, 160 A. 909; Cherry v. Heffernan, 132 Fla. 386, 182 So. 427; State ex rel. Charette v. District Court of Second Judicial Dist., 1......
  • Nikwei v. Ross School of Aviation, Inc.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 24, 1987
    ...the defendant could, by his own wilful act, or refusal to act, prevent the plaintiff from maintaining his action." Creadick v. Keller, 35 Del. 169, 160 A. 909, 909 (1932). Thus, courts view service by registered or certified mail as being complete when such is refused though the act of the ......
  • Merriott v. Whitsell
    • United States
    • Arkansas Supreme Court
    • February 21, 1972
    ...act or refusal to act on the part of the defendant would create an intolerable situation and should not be permitted. Creadick v. Keller, 35 Del. 169, 160 A. 909 (1932); Cherry v. Heffernan, 132 Fla. 386, 182 So. 427 (1938). See also, Lendsay v. Cotton, 123 So.2d 745, 95 A.L.R.2d 1029 (Fla.......
  • Cherry v. Heffernan
    • United States
    • Florida Supreme Court
    • April 9, 1938
    ... ... State ex rel. Palmer v. Gray, 92 Fla. 1123, 111 So ... 242; Standley v. Arnow, 13 Fla. 361; Creadick v ... Keller, 5 W.W.Harr. 169, 35 Del. 169, 160 A. 909; ... Dwyer v. Shalek, 232 A.D. 780, 248 N.Y.S. [132 Fla ... 391] 355; Spearman v. Stover, ... ...
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