Legal Opinion
Yerkes v. Dangle
Superior Court of Delaware
Decided April 30, 1943No. 78PublishedCited by 10 opinions
1Opinion of the Court
Speakman, J.,
delivering the opinion of the Court:
The judgment in this case was entered pursuant to the authority of the first paragraph of Section 4580 of the Code of 1935, which provides that: “If the defendant in a writ of summons, shall not appear at the return day thereof; and it shall appear by the return that he was duly summoned, it shall be lawful for the plaintiff, having filed his declaration, to take judgment thereon for default of appearance, according to the rules and practice of the court.”
The second paragraph of said Section, and also Section 4279 of the Code require some…
2Cases cited5 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Anaconda Mining Co. v. SaileMontana Supreme Court · 1895
- Logan v. SouthallSupreme Court of Iowa · 1908
- Brown v. Philadelphia, Wilmington & Baltimore R.United States Circuit Court · 1881
- Baugh & Sons Co. v. Crowell Corp.Superior Court of Delaware · 1931
3Cited by10 opinions
- Alexander v. HagedornTexas Supreme Court · 1950
- Frank G.W. v. Carol M.W.Supreme Court of Delaware · 1983
- Kaiser-Frazer Corp. v. EatonSuperior Court of Delaware · 1953
- Spriggs v. GoodrichWyoming Supreme Court · 1955
- Vechery v. McCabeSuperior Court of Delaware · 1953
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