Szymanski v. Hearn

An examination of the authorities discloses that, until comparatively recently, when judgments were entered upon warrant of attorney for a penalty, the condition being for the performance of some collateral undertaking rather than for a sum certain, Defendant’s only recourse was to remain idle until such time as execution might be issued for a larger amount than the damages sustained, at which time he could seek relief in Equity. Woolley, Delaware Practice, Sec. 792. Staats v. Herbert, 4 Del.Ch. 508. To me, such a practice seems peculiarly inept. Moreover, in many cases it operates as a…