Superior Court of Delaware October 12, 1948, Civil Action, 1948 (Szymanski v. Hearn)

Layton, J.

An examination of the authorities discloses that, until comparatively recently, when judgments were entered upon warrant of attorney for a penalty, the condition being for the performance of some collateral undertaking rather than for a sum certain, Defendant’s only recourse was to remain idle until such time as execution might be issued for a larger amount than the damages sustained,