Superior Court of Delaware July 5, 1881 (McCaulley v. John v. Rice & Co.)

The Court

held that the suit was commenced when the summons in the case was issued under the seal of the court to the sheriff, and as that was regularly followed on its return

non est

at the first term to which it was returnable, by an

alias

summons to the next term which was served and to which the defendants appeared, it was the continuance of one and the same suit from the commencement of it,