Charles Tire Co. v. Owens

Layton, C. J.,

delivering the opinion of the Court:

This court in Wood v. Dickerson, 3 Penn. 23, 50 A. 215, discharged a rule in a case such as this for the reason that the proper remedy was by Writ of Certiorari. Thereafter, in two cases, Goldstein v. Steele, 3 Boyce (26 Del.) 125, 80 A. 522, and Jones v. Hinderer, 7 Boyce (30 Del.) 516, 108 A. 737, the court held that the proper procedure was by a petition for a rule to show cause why the judgment should not be vacated; and in Weintraub v. Rudnick, 4 W. W. Harr. (34 Del.) 111, 143 A. 456, the Court in Banc, reviewing the cases, confirmed this…