Kuratle v. Pyle
Court of Chancery of Delaware
Bill to Vacate a Judgment in the Superior Court for New Castle County, obtained for want of an affidavit of defense, the grounds being legal fraud on the part of the plaintiff by which the defendant in the action did not make the legal defense there was to the aciton. The cause was heard on bill, amended answer, testimony of witnesses heard orally by the Chancellor and exhibits. The facts are stated in the opinion.
1Opinion of the Court
The Chancellor.
The defendant, Samuel C. Pyle, on March 2, 1918, brought an action of assumpsit in the Superior Court for New Castle County against the complainant, Henrietta Kuratle, and an appearance therein was entered for her by her attorney, Leonard E. Wales, Esq. No affidavit of demand was filed and no declaration was filed at the regular date therefor. On May 3, 1918, another action of assumpsit was brought between the same parties and an appearance therein duly entered for the defendant by the same attorney. It was alleged that soon after the second suit was brought there was a…
2Cases cited4 opinions
- Hudson v. LaytonCourt of Chancery of Delaware · 1919
- Real Estate Trust Co. v. Wilmington & New Castle Electric Railway Co.Court of Chancery of Delaware · 1910
- Kersey v. RashCourt of Chancery of Delaware · 1869
- Woodward, Baldwin & Co. v. Arlington Mills Manufacturing Co.Superior Court of Delaware · 1899
3Cited by1 opinion
- DiLuchio v. Otis Oil Burner Corp.Court of Chancery of Delaware · 1926