§ 5019. Effect of writ on title and on other remedies.
§ 5019. Effect of writ on title and on other remedies. Nothing contained in this subchapter shall deprive a purchaser of his or her remedy by a civil action in the nature of an action of ejectment, nor debar from such remedy a person removed from possession; and any proceedings under this subchapter, shall not […]
§ 5031. Execution attachment.
§ 5031. Execution attachment. The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign […]
§ 5032. Answer by garnishee.
§ 5032. Answer by garnishee. The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the […]
§ 5041. Fieri facias; time of return.
§ 5041. Fieri facias; time of return. Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff’s certificate of what the sheriff has done […]
§ 5042. Inventory of unsold goods and chattels.
§ 5042. Inventory of unsold goods and chattels. Where the levy, or return, by virtue of a fieri facias has been of goods and chattels unsold at the return day, the sheriff shall annex to the writ an inventory of each article of such goods and chattels. Code 1852, § 2474; Code 1915, § 4391; […]
§ 5043. Specification of lands seized or levied upon.
§ 5043. Specification of lands seized or levied upon. If there has been a levy, or seizure, of lands, the sheriff’s return shall specify the principal improvements thereon; if any, as well as the known, or computed, quantity and situation thereof. Code 1852, § 2475; Code 1915, § 4392; Code 1935, § 4850; 10 Del. […]
§ 5044. Specification of prior executions.
§ 5044. Specification of prior executions. (a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer’s endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer’s hands, as the […]
§ 5051. Issuance of writ.
§ 5051. Issuance of writ. (a) No writ of capias ad satisfaciendum shall be issued upon any judgment in a civil action against any person in this State, until a writ of fieri facias on the judgment has issued, and it appears from the return of such fieri facias, that the defendant therein has not […]
§ 5052. Plaintiff’s affidavit of fraud; exceptions from requirement.
§ 5052. Plaintiff’s affidavit of fraud; exceptions from requirement. (a) No writ of capias ad satisfaciendum shall be issued out of any court of this State upon a judgment in a civil action, against any person in this State, nor shall any such person be imprisoned for the nonperformance of a judgment rendered in any […]
§ 5053. Motion denying fraud; disposition.
§ 5053. Motion denying fraud; disposition. The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney, investigate the specifications of fraud in an affidavit […]