Majority
p. 395Commercial Realty Incorporation, a corporation of the State of Delaware, v. Herman A. Jackson and Victoria B. Jackson. (January 6, 1933.) Pennewill, C. J., Harrington and Richards, J: J., sitting. Superior Court for New Castle County. Judgment No. 765, September Term, 1931, for the real debt of $115.50.
Wilbur L. Adams for plaintiff.
Josiah Marvel (of Marvel, Morford, Ward and Logan) for defendants.
delivering the opinion of the Court:
That this court has equitable powers over its own judgments in certain plain cases must be conceded; and this case is clearly within that principle. Barnett v. Lynch, 1 Marv. 114 , 40 A. 666 . See, also, Tweed v. Lockton, 5 W. W. Harr. (35 Del.) 474, 167 A. 703 , and cases cited in the note to that case.
The motion of the defendants in the judgment to vacate it and to strike it from the record is, therefore, granted.
Cases cited
- Barnett v. Lynch 1 Marv. 114 p. 395
- Tweed v. Lockton 35 Del.) 474 p. 395