Taylor v. Rossiter , 11 Del. 485 ( 1883 )

The Court

held that to proceed under the provisions of the statute just read, the defendant might have to delay her proceeding until after the plaintiff had proceeded to execution on the judgment, which might not be for an indefinite period of time; in the meanwhile, if she owes him nothing, she has a clear right to be relieved of the judgment at the earliest day practicable.

The rule granted.