In re Morace

Citations

• 24 Del. 67
• 1 Boyce 67
• 74 A. 375
• 1909 Del. LEXIS 38

Syllabus

<p>Petition to open Judgment—Parties—-Wages of Employees— Preference Under Statute.</p> <p>1. Petitioners for a rule to show cause why an issue should not be framed and tried to determine what amount, if any, remains due on a judgment to which they were not parties, they not being even judgment creditors of the defendant in the judgment, having only a claim for services against the defendant, do not possess sufficient interest to entitle them to the rule.</p> <p>2. Debts or claims for services rendered by musicians to a leader of a band who engaged with another to furnish music for a period, are not a first lien upon any balance due the leader by his employer, within the meaning and contemplation of the Act of Assembly, entitled “An Act to prefer wages of employees as in case of execution and assignment.”</p>