Sirman v. Moore

Citations

• 28 Del. 374
• 5 Boyce 374
• 93 A. 666
• 1915 Del. LEXIS 16

Syllabus

<p>Judgment—Vacating Default Judgment on Foreign Attachment.</p> <p>Under Rev. Code, § 4134, giving a debtor in a foreign attachment proceeding the right to come into court within a year and by petition to show that he has a legal defense to the action, where, though such a debtor knew of the attachment proceeding, he understood and was informed by an attorney, who did not know that he was a nonresident, that he would be sum-maned personally, and that he need do nothing until he was so summoned, he was entitled within one year after judgment was obtained to come in and defend the action, as this is the right of a debtor under the statute, whether or not he has notice of the attachment proceeding.</p>