Train's Administrator v. Conwell's Executors

Supreme Court of Delaware

Train's Administrator v. Conwell's Executors

1 Del. Cas. 666, 1793 Del. LEXIS 37

DecidedNovember 6, 1793

StatusPublished

This text of 1 Del. Cas. 666 (Train's Administrator v. Conwell's Executors) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Train's Administrator v. Conwell's Executors, 1 Del. Cas. 666, 1793 Del. LEXIS 37 (Del. 1793).

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Opinion

By the Court.

The principles advanced and the authorities produced on the part of the defendant proceed on the ground of the irregularity of the judgment. But if the judgment be proved to be irregular, it can only be reversed by writ of error, and it still remains a good judgment until it be avoided in the legal mode. With respect to the other executors, we cannot say we would not relieve them if they came forward on the return of the execution, and proved injury and hardship in the case.

On the other issues, there was a verdict and judgment for the plaintiff.

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By the Court.

The principles advanced and the authorities produced on the part of the defendant proceed on the ground of the irregularity of the judgment. But if the judgment be proved to be irregular, it can only be reversed by writ of error, and it still remains a good judgment until it be avoided in the legal mode. With respect to the other executors, we cannot say we would not relieve them if they came forward on the return of the execution, and proved injury and hardship in the case.

On the other issues, there was a verdict and judgment for the plaintiff.

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Bluebook (online)

1 Del. Cas. 666, 1793 Del. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trains-administrator-v-conwells-executors-del-1793.