Lofland v. McDaniel
Superior Court of Delaware
Petition to open judgment. The petition of Isaac G. Rofland set forth the following facts : That James R. Heverin in his lifetime obtained a judgment in the Superior Court of Kent County against Annie E. Gotland and Isaac G. Rofland, the petitioner, jointly for the sum of $125 debt with interest thereon from the 13th day of June, 1887 ; that said judgment was entered by warrant of attorney in said Court on June 13th, 1887, as of No. 101 to the April Term thereof 1887 ; that…
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Petition to open judgment. The petition of Isaac G. Rofland set forth the following facts : That James R. Heverin in his lifetime obtained a judgment in the Superior Court of Kent County against Annie E. Gotland and Isaac G. Rofland, the petitioner, jointly for the sum of $125 debt with interest thereon from the 13th day of June, 1887 ; that said judgment was entered by warrant of attorney in said Court on June 13th, 1887, as of No. 101 to the April Term thereof 1887 ; that during the'lifetime of the said Heverin the petitioner paid a large portion of said judgment to said Heverin, leaving a…
1Opinion of the Court
Grubb, J:—
As it now stands that judgment, prima facie, is a
judgment for $125 with interest from June 13, 1887, and costs, as the record shows. The petitioner does not question the validity of the original judgment but claims it is paid either in whole or in part, and therefore the burden is upon the petitioner to show that the amount of that judgment is not now due. It does not matter who puts the judgment in evidence, but the petitioner has the opening and closing. He has stated in his petition the existence of the judgment, but denies the amount there named as being really due.
counsel for…
2Cited by6 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Tweed v. LocktonSuperior Court of Delaware · 1932
- Morgan v. OwnbeySuperior Court of Delaware · 1916
- Hendrix v. KelleySuperior Court of Delaware · 1928
- Dolby v. WhaleySuperior Court of Delaware · 1938
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