31 Del. 192 | Del. Super. Ct. | 1921
The sole question presented is whether the judgment note given by the Vandenburgs to Todd, and on which judgment by confession was entered, had been fully paid before the entry of the judgment. The court is disinclined to hear and determine the disputed question of fact, but will direct an issue to be tried by a jury to ascertain and determine what amount, if any, is due and unpaid on said judgment.
An issue was framed accordingly and tried before a jury on a day in the term agreed upon by counsel. Proofs were made of
After arguments of counsel and instructions by the court, the jury found there was nothing due and payable on said judgment.
On the day following the verdict:
The rule in this case is made absolute, and upon the finding of the jury on the issue submitted to' them, the judgment mentioned in the proceeding is vacated and set aside, and the execution issued thereon is quashed. Costs on the respondent in the rule and plaintiff in the judgment.