KAY v. SCOTT


233 A.2d 52 (1967)

Jerry KAY, Plaintiff Below, Appellant, v. Joslah Marvel SCOTT, Defendant Below, Appellee.

Supreme Court of Delaware.

July 27, 1967.


Attorney(s) appearing for the Case

Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff below, appellant.

Andrew B. Kirkpatrick, Jr., and Richard L. Sutton, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant below, appellee.

WOLCOTT, C. J.; HERRMANN, J., and SHORT, Vice Chancellor, sitting.


PER CURIAM:

The determinative question before us is whether there has been a sufficient change of factual situation to warrant the grant of a stay by the Superior Court in the exercise of its discretion, the earlier denial thereof, affirmed by this Court,1 notwithstanding.

The Superior Court denied a stay on July 12, 1966. That action was affirmed by this Court on February 24, 1967. Upon a second application, the Superior Court...

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