Hudson v. Layton

Citations

• 12 Del. Ch. 106
• 107 A. 785
• 1919 Del. Ch. LEXIS 15

Syllabus

<p>In general, a plea that another court having jurisdiction of the parties and subject-matter has determined the issues between the parties, is, if sustained, a bar to any judicial determination of the same matters by another court other than an appellate court.</p> <p>The Superior Court by statute had jurisdiction to determine the effect of a mistake as to the name of plaintiff, made by defendant when summons was read to him by the sheriff, and as to it the decision of the Superior Court was final, so far as concerned the Court of Chancery hearing a suit to vacate a default judgment against defendant entered, as he claimed, on account of his mistake as to plaintiff.</p> <p>It is a point of equitable cognizance whether the statement or promise of plaintiff that she would not sue defendant until she notified- him misled him to believe, when a summons was read to him, that he had been sued, by another of the same last name as plaintiff, so that, whether the point was adjudicated in the Superior Court or not, the Court of Chancery, in defendant's suit to vacate default judgment, has jurisdiction to hear and decide the matter.</p> <p>When, in a court of law, all the issues are legal, and the defense is legal, and not an equitable one, unavailable at law, a court of equity has jurisdiction to set aside a judgment obtained in the suit, if there is some equitable ground arising out of or connected with the trial itself, as where defendant, with defense on the merits, was prevented by his adversary’s fraud from maintaining it.</p> <p>In suit to vacate a judgment by default because plaintiff, defendant in the prior action, when summons was read to him, on account of prior assurances of the other party, had believed it was process in another person’s action, a plea filed by defendants, former plaintiff and the sheriff, held not to show a prior adjudication in the Superior Court of the equitable grounds set up for vacation of judgment.</p>