E. J. Hollingsworth Co. v. Cesarini

Caret, J.:

The question presented here is whether laches in seeking relief can prevent the vacation of a default judgment which is void for lack of jurisdiction.

In the latter part of 1954 and the early part of 1955, the plaintiff obtained four default judgments against the defendant, rendered by a Justice of the Peace. Executions thereon were returned “nulla bona”. Certified transcripts were then filed with the Prothonotary, and the judgments were entered in the judgment docket of this Court, pursuant to Title 10 Del. C. § 9576. On their face, the transcripts fail to show that either party…