Legal Opinion

Model Finance Company v. Barton

Superior Court of Delaware

Decided January 24, 1963No. 972PublishedCited by 9 opinions

1Opinion of the Court

Stiftel, J.:

This matter is before the Court on a motion, under Superior Court Rule 60(b)(1), to open the default judgment entered against defendant on September 28, 1962.

The following facts appear: Suit was started by the plaintiff, a Delaware corporation, against the defendant, on August 10, 1962, by the filing of a complaint in this Court. On the same day, an order was entered directing the seizure by writ of foreign attachment of all the defendant’s shares in the plaintiff corporation. The writ was served on plaintiff’s resident agent in Dover, Delaware, together with a copy of the…

2Cases cited4 opinions

  1. Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
  2. Robins v. GarvineSupreme Court of Delaware · 1957
  3. Kaiser-Frazer Corp. v. EatonSuperior Court of Delaware · 1953
  4. John R. Hitchens, Inc. v. Phillips Packing Co.Supreme Court of Delaware · 1943

3Cited by9 opinions

  1. Battaglia v. Wilmington Savings Fund SocietySupreme Court of Delaware · 1977
  2. Cohen v. Brandywine Raceway AssociationSuperior Court of Delaware · 1968
  3. Keith v. Melvin L. Joseph Construction Co.Superior Court of Delaware · 1982
  4. Continental Airlines, Inc. v. CarterCourt of Appeals of Texas · 1973
  5. Keystone Fuel Oil Co. v. Del-Way Petroleum, Inc.Superior Court of Delaware · 1976

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