Superior Court of Delaware, 1921

Messick v. Coulter

Messick v. Coulter
Superior Court of Delaware · Decided May 7, 1921
31 Del. 212; 1 W.W. Harr. 212; 113 A. 804; 1921 Del. LEXIS 15

Counsel

John M. Richardson for defendant below., Andrew J. Lynch for plaintiff below.

Messick v. Coulter

Opinion of the Court

Per Curiam.

We are of the opinion the certiorari should not be dismissed.

In the cases cited by counsel for the motion the writ of certiorari was issued for the purpose of setting aside the judgment, but in this case the object of the writ is to set aside the execution only, as was done in Spear v. Hill. We decline to dismiss the writ. It appearing from the record that there was not a judgment upon which an execution could issue, execution issued in this case is vacated and set aside.

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