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STATE v. HATTON

114 A.2d 651 (1955)

STATE of Delaware, upon the relation of Joseph C. ROCKEY, Plaintiff, v. The Honorable Samuel J. HATTON, one of the Justices of the Peace in and for New Castle County, State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

March 23, 1955.

Attorney(s) appearing for the Case

John T. Gallagher, Wilmington, for plaintiff.

Stephen E. Hamilton, Jr., Wilmington, for defendant.

LAYTON, Judge.

In the following jurisdictions, Appellate Courts have held that a magistrate has no power to reopen or vacate a default judgment rendered by him after the expiration of the period of time within which motions to reopen or vacate are permitted by statute. Jeffries v. Newblock, 56 Okl. 320, 155 P. 1150; State ex rel. Surgeon v. Jones, 106 W.Va. 561, 146 S.E. 372; Pratt v. Roberts, 53 Me. 399, and Hunt v. Kennedy...

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