§ 9903. Appeal in the discretion of the appellate court.
§ 9903. Appeal in the discretion of the appellate court. The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the […]
§ 9904. Time for filing appeal.
§ 9904. Time for filing appeal. The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from […]
§ 9905. Principles of construction.
§ 9905. Principles of construction. The provisions of this chapter shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitutions of the United States and the State. 70 Del. Laws, c. 481, § 3;
§ 9637. Judgments.
§ 9637. Judgments. (a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintiff shall have judgment for the possession thereof and […]
§ 9901. Definitions.
§ 9901. Definitions. As used in this chapter: (1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court. (2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the […]
§ 9638. Lien of judgment on real estate.
§ 9638. Lien of judgment on real estate. Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title. Code 1915, § 4065J; 29 Del. Laws, c. 256, § 2; Code 1935, § 4556; 10 Del. C. 1953, § […]
§ 9902. Appeal as of right.
§ 9902. Appeal as of right. (a) The State shall have an absolute right to appeal to an appellate court a final order of a lower court where the order constitutes a dismissal of an indictment or information or any count thereof, or the granting of any motion vacating any verdict or judgment of conviction […]
§ 9639. Fees.
§ 9639. Fees. In proceedings under this subchapter, witnesses shall have the same fees as for attendance before justices of the peace in other actions. Code 1915, § 4065H; 29 Del. Laws, c. 256, § 2; Code 1935, § 4554; 10 Del. C. 1953, § 9640; 55 Del. Laws, c. 20, § 27;
§ 9640. Appeals.
§ 9640. Appeals. Appeals shall be allowed from judgments given by justices of the peace under this subchapter, to the Court of Common Pleas. Such appeals shall be taken, docketed and dismissed in the same manner as is provided by law for the taking, docketing and dismissing of appeals from justices of the peace in […]
§ 9701. Sheriffs and New Castle County Constables.
§ 9701. Sheriffs and New Castle County Constables. The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows: For serving and returning a summons, or a scire facias, on one or more defendants, including all services in a cause […]