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10/17/63 CURTIS H. MALLOY v. E. MARGARET O'NEAL

October 17, 1963

CURTIS H. MALLOY, ET AL.
v.
E. MARGARET O'NEAL, ET AL.



The opinion of the court was delivered by: Bifferato

VINCENT A. BIFFERATO, ASSOCIATE JUDGE

UNREPORTED OPINION

On September 12, 1969, a motion in the above captioned case to vacate default judgment was submitted to the Court without oral argument. The Court will not restate any of the facts but will refer to the facts as they are stated in defendant's brief.

Without citing a great number of cases or any specific cases, default judgment should be vacated if excusable neglect is shown. Public policy dictates that a case be tried on its merits whenever possible. In the instant case the delay in forwarding the suit papers to the attorney for the insurance company was caused by the mistake of a clerk in the insurance company's representative office in Wilmington, Delaware. The papers were forwarded to the wrong office of defendant's insurance company. Certainly this was not intentional but a simple mistake, a mistake that any clerk may be guilty of and, in the Court's view, an excusable one.

The Court without the need of citing many cases to support its position believes the mistake made by defendant's insurance company amounts to excusable neglect and defendant's motion to vacate default judgment is granted. Defendant has twenty days to file an answer. Defendant's attorney is directed to submit an appropriate order. IT IS SO ORDERED.

19631017

© 1997 VersusLaw ...

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