Messick v. Coulter

Superior Court of Delaware

Messick v. Coulter

113 A. 804, 31 Del. 212, 1 W.W. Harr. 212, 1921 Del. LEXIS 15

Superior Court of Delaware·Decided May 7, 1921·No. Certiorari, No. 26·Published·Cited by 1 cases

Opinion

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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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.

Messick v. Coulter, 113 A. 804, 31 Del. 212, 1 W.W. Harr. 212, 1921 Del. LEXIS 15 (Del. Ct. App. 1921).

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Opinion

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