Legal Opinion

State v. Donahoe

Superior Court of Delaware

Decided June 12, 1903PublishedCited by 2 opinions

Rule to Show Cause why a Judgment obtained by the plaintiff against the defendants on a certain bond for $27,456 (being Ho. 505, February Term, 1903) Should not be Stricken prom the Record.

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Rule to Show Cause why a Judgment obtained by the plaintiff against the defendants on a certain bond for $27,456 (being Ho. 505, February Term, 1903) Should not be Stricken prom the Record. The facts recited in the petition for the rule were as follows: “ The petition of the ‘American Bonding Company of Baltimore/ a corporation of the State of Maryland, respectfully represents : “ That prior to the thirty-first day of July, A. D. 1902 the corporate name of your petitioner was ‘ The American Bonding and Trust Company of Baltimore City/ that the charter of the American Bonding and Trust Company…

1Opinion of the Court

Brief for American Bonding and Trust Company.

This is an application to have stricken from the record two judgments, each for a penalty, confessed by an attorney at law, and entered in vacation by the Prothonotary of the Superior Court, in and for New Castle County.

The Constitution of the State provides that “ The Prothonotary of the Superior Court may * * * * enter judgments, according to law and the practice of the Court,” and thereby limits the authority of said prothonotary to enter judgments to those cases for which the laws of the State and the practice of its Court make provision. It,…

2Cases cited8 opinions

  1. Bond v. PachecoCalifornia Supreme Court · 1866
  2. Chapin v. ThompsonCalifornia Supreme Court · 1862
  3. Edgar v. GreerSupreme Court of Iowa · 1858
  4. Remington v. CummingsWisconsin Supreme Court · 1856
  5. Ex parte Butler v. Lewis C. P.New York Supreme Court · 1833

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rhoads v. MitchellSuperior Court of Delaware · 1946
  2. State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933

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