Herdman v. Cann

7 Del. 41

• Court: Superior Court of Delaware
• Decided: July 5, 1858
• Status: Published

Opinion

The Court

sustained the exception. The entry of the transcript here gave to the judgment below the effect of a judgment of this court, and not merely a lien on the land and execution process upon it against the real estate of the defendant in case he had no personal property; and such being its effect, it was not the design of the statute to give the plaintiff two judgments subsisting together, one here and the other below, one of limited scope and operation before a court of special jurisdiction, and the other before a court of superior and general jurisdiction, for the same debt; ÍTo proceeding therefore could be had on the judgment before the Justice, after its entry here.