359 A.2d 664 | Del. | 1976
WILMINGTON TRUST COMPANY, a Delaware Corporation, Plaintiff below, Appellant,
v.
Virginia J. BARRY et al., Defendants below, Appellees.
Supreme Court of Delaware.
Walter L. Pepperman, II, and Vincent J. Poppiti, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff-appellant.
Victor F. Battaglia and Gary W. Aber, of Biggs & Battaglia, Wilmington, for defendant-appellee Virginia J. Barry.
Before HERRMANN, Chief Justice, and DUFFY and McNEILLY, Justices.
PER CURIAM:
This case was begun by a writ of foreign attachment, 10 Del.C. § 3506, by which the proceeds of certain insurance policies were seized as a basis for establishing jurisdiction in the Superior Court. The Court determined that the policy in issue was exempt from creditor claims by the provisions of 18 Del.C. § 2726, Del. Super., 338 A.2d 575 (1975). We have concluded, for the reasons stated in the careful and complete opinion of the Superior Court, that its ruling was a correct interpretation and application of the statute.[*]
Accordingly, the judgment is affirmed.
NOTES
[*] Plaintiff argues in this Court that the statute is unconstitutional but, since that question was not "fairly presented to the court below for decision," Supreme Court Rule 5 (7), we refuse to consider it here. Wilmington Memorial Co. v. Silverbrook Cemetery Co., Del.Supr., 297 A.2d 378 (1972); Darling Apartment Co. v. Springer, Del.Supr., 25 Del. 420, 22 A.2d 397 (1941).
