Ringgold v. Griffin

1 Del. 224

• Court: Superior Court of Delaware
• Decided: July 5, 1833
• Status: Published

Opinion

Per curiam.

In this case there being no execution, no lien, and a trial ordered by the justice, it is as if an original action had been brought on the note without entering judgment under the power attorney, the opening of the judgment in such case doing no harm •to any one. But if there had been an execution levied the vacating the judgment would necessarily have destroyed the execution and with it the lien of the party; therefore the act provides in such case that the judgment and execution shall stand unless the deft, gives security.

By ordering a trial in this case the judgment entered on the warrant of attorney was vacated; and the proceedings were to be had as if an action had been regularly commenced on the obligation; consequently the only judgment now remaining of record on the record of the justice is the judgment for four dollars and sixteen cents, the amount of the costs which being under five dollars and thirty-three .cents is final and no appeal lies therefrom. (Dig. 342, sec. 22.)

Appeal dismissed.