US Lawyer Database

§ 5104. Actions in name of State.

§ 5104. Actions in name of State. If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation. Code 1852, § 2526;  Code 1915, § 4447;  Code […]

§ 5120. Fence viewers’ services.

§ 5120. Fence viewers’ services. Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned. Code 1852, § 1004;  Code 1915, § 4471;  Code 1935, § 4924;  10 Del. C. 1953, § 5121; 

§ 5105. Cases not specially provided for.

§ 5105. Cases not specially provided for. Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper. Code 1852, § 2527;  Code 1915, § 4448;  Code 1935, § 4906;  10 Del. C. 1953, § 5105; 

§ 5106. Actions in Court of Chancery.

§ 5106. Actions in Court of Chancery. The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity. Code 1852, § 2528;  Code 1915, § 4449;  Code 1935, § 4907;  10 Del. C. 1953, § 5106; 

§ 5107. Affirmance of judgment by Supreme Court.

§ 5107. Affirmance of judgment by Supreme Court. Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be stated accordingly […]

§ 5108. Proceedings out of court.

§ 5108. Proceedings out of court. In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in proceedings before a justice of the peace. The […]

§ 5110. Appeals from justice of the peace.

§ 5110. Appeals from justice of the peace. (a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party’s costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) […]

§ 5111. Certiorari to justice of the peace.

§ 5111. Certiorari to justice of the peace. If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution […]

§ 5112. Bill of costs, time for entry upon docket.

§ 5112. Bill of costs, time for entry upon docket. Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the clerk, prothonotary, or register of the court shall enter upon the docket of such cause, action, or prosecution, […]