Jones v. Hinderer
Superior Court of Delaware
Action by John J. Jones, before a justice of the peace against Ernest W. Hinderer. Judgment for plaintiff. Execution issued with return of no goods. Certified transcript of docket entries of judgment and execution filed with the prothonotary. Judgment (No. 491, May term, 1918) entered thereon, under Rev. Code 1915, § 4033. On rule to show cause why the judgment should not be vacated and stricken from the record. Rule made absolute.
1Opinion of the Court
Heisel, J.:
This is a rule to show cause why a judgment of this court entered upon a transcript from a justice of the peace docket should not be vacated and stricken from the record. The transcript discloses that the summons was issued on June 4, 1917, returnable June 9, 1917, and served personally on the defendant June 5, 1917. Defendant failed to appear and the justice of the peace gave judgment against him by default. After issuing an execution and return of nulla bona thereon the judgment was entered here.
[1-3] Counsel for plaintiff moved to dismiss the rule on the ground that the proper…
2Cases cited3 opinions
- State v. Bay State Gas Co.Superior Court of Delaware · 1901
- Chambers v. JonesSuperior Court of Delaware · 1898
- Goldstein v. SteeleSuperior Court of Delaware · 1911
3Cited by9 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- MacCrone v. American Capital CorporationDistrict Court, D. Delaware · 1943
- Simkin v. ColeSuperior Court of Delaware · 1922
- Santow v. UllmanSupreme Court of Delaware · 1960
- Santow v. UllmanCourt of Chancery of Delaware · 1960
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