Robinson's v. Robinson

Superior Court of Delaware

Robinson's v. Robinson

5 Del. 8

DecidedApril 15, 1848

StatusPublished

This text of 5 Del. 8 (Robinson's v. Robinson) 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

Robinson's v. Robinson, 5 Del. 8 (Del. Ct. App. 1848).

Pincite

Opinion

The Court stopped Mr. Cullen. There is no saving in the case of a reversal of a judgment for a defendant, and no need of one; and if there were such a saving, it would enable the plaintiff to bring successive suits indefinitely, as often as the judgment against the defendant’is reversed.

The remedy in this and all such cases is to proceed in the original suit, on a reversal by the Court of Appeals; and the plaintiff should have applied to that court for a procedendo.

Judgment for demurrant.

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The Court stopped Mr. Cullen. There is no saving in the case of a reversal of a judgment for a defendant, and no need of one; and if there were such a saving, it would enable the plaintiff to bring successive suits indefinitely, as often as the judgment against the defendant’is reversed.

The remedy in this and all such cases is to proceed in the original suit, on a reversal by the Court of Appeals; and the plaintiff should have applied to that court for a procedendo.

Judgment for demurrant.

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Bluebook (online)

5 Del. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinsons-v-robinson-delsuperct-1848.