Legal Opinion

Penn Central Light & Power Co. v. Central Eastern Power Co.

Superior Court of Delaware

Decided January 3, 1934PublishedCited by 2 opinions

1Opinion of the Court

Layton, C. J.,

delivering the opinion of the Court:

*77The plaintiff at the March Term, 1933, sued the defendant upon two promissory notes. The record shows that service of process was duly made upon the accredited resident agent of the defendant on February 7, 1933. On April 13, 1933, affidavit of demand having been duly filed in accordance with the statute, judgment was obtained for want of affidavit- of defense.

There was no appearance by the defendant.

The defendant alleges that it knew nothing of the suit or judgment until on or about July 11, 1933, and thereafter, during the May Term, 1933, it…

2Cases cited5 opinions

  1. Lynch v. Arizona Enterprise Mining Co.Arizona Supreme Court · 1919
  2. First National Bank v. HollinsworthSupreme Court of Iowa · 1889
  3. Dixon v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1926
  4. Travelers' Protective Ass'n of America v. GilbertCourt of Appeals for the Eighth Circuit · 1901
  5. Goggins v. JonesSupreme Court of Georgia · 1902

3Cited by2 opinions

  1. Cohen v. Brandywine Raceway AssociationSuperior Court of Delaware · 1968
  2. Herschel W. Peterson and First Midwest Bank, as Executors of the Estate of David Peterson v. Sealed Air CorporationCourt of Appeals for the First Circuit · 1990

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