PITTS v. WHITE


109 A.2d 786 (1954)

Frank PITTS, Merle Coker, Appellants, v. William Thomas WHITE, Appellee.

Supreme Court of Delaware.

December 8, 1954.


Attorney(s) appearing for the Case

W. Howard Thompson, Georgetown, for appellants.

Samuel R. Russell, of Tunnell & Tunnell, Georgetown, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

This is a motion to dismiss appeal. The question presented is: Does the appeal filed in this case set out an abuse of discretion on the part of the court below in denying a motion for a new trial and to set aside judgment under Rule 60(b) (6) of the Superior Court, Del.C.Ann.?

The appellants (hereinafter plaintiffs) instituted suit in the Superior Court to recover damages arising out of an automobile

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