§ 9586. Service on garnishee; compelling attendance.
§ 9586. Service on garnishee; compelling attendance. (a) The service of an attachment on a garnishee may be made in the same way as service of an original summons. (b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee’s appearance by process, and […]
§ 9587. Process to compel appearance of garnishee.
§ 9587. Process to compel appearance of garnishee. The form of process to be used for compelling the appearance of a garnishee shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: We command you to bring A. B. forthwith before C. D., one of our justices of the peace, […]
§ 9588. Garnishment proceedings.
§ 9588. Garnishment proceedings. (a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or plea, by attachment of contempt. (b) […]
§ 9589. Dissolution of attachment.
§ 9589. Dissolution of attachment. (a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff’s demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be […]
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable. (a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in […]
§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.
§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions. (a) In trespass actions under § 9301 of this title, before the summons is issued, the plaintiff shall file a written statement under hand describing the injury of which the plaintiff complains. Service of a summons in an action under this subchapter […]
§ 9576. Remedy against deceased surety; assignment of creditor’s remedies to surety.
§ 9576. Remedy against deceased surety; assignment of creditor’s remedies to surety. (a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been […]
§ 9612. Form of summons.
§ 9612. Form of summons. The summons under this subchapter shall be in the form provided by the Justice of the Peace Court for summons in civil cases. Code 1852, § 2197; Code 1915, § 4064; Code 1935, § 4545; 10 Del. C. 1953, § 9612; 55 Del. Laws, c. 20, § 23; 70 Del. […]
§ 9577. Forms.
§ 9577. Forms. The form of a scire facias shall be as follows: AGAINST EXECUTORS OR ADMINISTRATORS “ County, ss. The State of Delaware, To any constable, greeting: We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of […]
§ 9614. Right to appeal.
§ 9614. Right to appeal. In all cases of trespass, there shall be the same right of appeal to the Court of Common Pleas as in other civil actions. Code 1915, § 4004A; 29 Del. Laws, c. 255; Code 1935, § 4543; 41 Del. Laws, c. 209; 10 Del. C. 1953, § 9615; 69 Del. […]