Legal Opinion

State v. Hatton

Superior Court of Delaware

Decided March 23, 1955No. 944, Civil Action, 1954PublishedCited by 3 opinions

1Opinion of the Court

Layton, J.:

In the following jurisdictions, Appellate Courts have held that a magistrate has no power to reopen or vacate a default judgment rendered by him after the expiration of the period of time within which motions to reopen or vacate are permitted by statute. Jeffries v. Newblock, 56 Okl. 320, 155 P. 1150; State ex rel. Surgeon v. Jones, 106 W. Va. 561, 146 S. E. 372; Pratt v. Roberts, 53 Me. 399, and Hunt v. Kennedy Coal Corp., 140 Va. 17, 124 S. E. 189. In each of the jurisdictions above mentioned, Magistrates’ Courts are established by Constitution.

Pratt v. Roberts, just mentioned,…

2Cases cited7 opinions

  1. Jeffries v. NewblockSupreme Court of Oklahoma · 1916
  2. Farrell v. Maryland Credit Finance Corp.Superior Court of Delaware · 1924
  3. Townsend v. HarmonSuperior Court of Delaware · 1933
  4. Howell v. EastburnSuperior Court of Delaware · 1938
  5. State Ex Rel. Surgeon v. JonesWest Virginia Supreme Court · 1929

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

3Cited by3 opinions

  1. State v. StoesserSuperior Court of Delaware · 1962
  2. In re Brookview Associates' Petition for a Writ of ProhibitionSuperior Court of Delaware · 1986
  3. Hamilton v. McLaughlinSupreme Court of Delaware · 1974

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