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8 Del. 342

Garden v. Derickson

Superior Court of Delaware

Decided July 1, 1866

Superior Court of Delaware · decided 1866-07-01

Rule to show cause wherefore a judgment obtained at the preceding term of the court, at the suit of the executrix of James R. Garden, deceased, against the administrator of Isabella Garden, deceased, on an affidavit of the cause of action filed, by the plaintiff, and an affidávit of defence thereto, filed by the defendant, for a part of the demand to the amount of $235.65, admitted to he due by the latter, and on which • the judgment had been entered at the first term for…

Decided 1866-07-01

By the Court.

¶1The statute itself is silent in regard to the mode of ascertaining the amounts of judgments entered under it, and yet tire amounts of judgments entered under it, must be ascertained in some method, and this must be supplied by other statutes in regard to that matter, none of which have been repealed by it, and being in pari materia, they must be construed together and with reference to each other. And taking this view of the law, we have no doubt of our authority to order the judgment to be opened for the purpose stated, and we, therefore, order the rule to be made absolute.

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