Superior Court of Delaware October 16, 1953, Civ. No. 675 (Vechery v. McCabe)

*196

Layton, J.:

The application to open and vacate this judgment is based on Rule 60(b) of the

Civil Rules of the Superior Court Del. C. Ann.

which, insofar as material here, reads as follows:

“On motion and upon such terms as are just, the court may relieve a party * * * from a final judgment * * * for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; * *

Here we