E. J. HOLLINGSWORTH COMPANY v. CESARINI


129 A.2d 768 (1957)

E. J. HOLLINGSWORTH COMPANY, a Corporation of the State of Delaware, v. Anthony CESARINI.

Superior Court of Delaware, New Castle.

February 19, 1957.


Attorney(s) appearing for the Case

Bernard Hessler, Jr., and Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Clarence W. Taylor, of Hastings, Lynch & Taylor, Wilmington, for defendant.


CAREY, Judge.

The question presented here is whether laches in seeking relief can prevent the vacation of a default judgment which is void for lack of jurisdiction.

In the latter part of 1954 and the early part of 1955, the plaintiff obtained four default judgments against the defendant, rendered by a Justice of the Peace. Executions thereon were returned "nulla bona". Certified transcripts were then filed with the Prothonotary, and the judgments were entered...

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