§ 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. […]
§ 9578. Survival of actions; parties.
§ 9578. Survival of actions; parties. (a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if […]
§ 9631. Mode of proceeding.
§ 9631. Mode of proceeding. The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter. Code 1915, § 4065B; 29 Del. Laws, c. 256, § 2; Code 1935, § 4548; 10 Del. C. 1953, § 9631;
§ 9579. Issuance, service and return of writ; proceedings.
§ 9579. Issuance, service and return of writ; proceedings. A scire facias may be issued by the justice rendering a judgment, or by any other justice, who has the record of such judgment, or a transcript thereof before such justice. It shall be issued, served and returned in the same way as an original summons, […]
§ 9632. Statement of claims.
§ 9632. Statement of claims. In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued. 10 Del. C. 1953, § 9632; 59 Del. Laws, c. 74, § […]