Garden v. Derickson

Superior Court of Delaware

Garden v. Derickson

8 Del. 342

DecidedJuly 1, 1866

StatusPublished

This text of 8 Del. 342 (Garden v. Derickson) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garden v. Derickson, 8 Del. 342 (Del. Ct. App. 1866).

Pincite

Opinion

By the Court.

The statute itself is silent in regard to the mode of ascertaining the amounts of judgments entered under it, and yet tire amounts of judgments entered under it, must be ascertained in some method, and this must be supplied by other statutes in regard to that matter, none of which have been repealed by it, and being in pari materia, they must be construed together and with reference to each other. And taking this view of the law, we have no doubt of our authority to order the judgment to be opened for the purpose stated, and we, therefore, order the rule to be made absolute.

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By the Court.

The statute itself is silent in regard to the mode of ascertaining the amounts of judgments entered under it, and yet tire amounts of judgments entered under it, must be ascertained in some method, and this must be supplied by other statutes in regard to that matter, none of which have been repealed by it, and being in pari materia, they must be construed together and with reference to each other. And taking this view of the law, we have no doubt of our authority to order the judgment to be opened for the purpose stated, and we, therefore, order the rule to be made absolute.

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Bluebook (online)

8 Del. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garden-v-derickson-delsuperct-1866.