§ 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, § […]
§ 9562. Necessity of judgment and execution docket.
§ 9562. Necessity of judgment and execution docket. There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets to be as prescribed by the Chief Magistrate. 12 Del. Laws, c. 91; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. […]
§ 9563. Judgment docket.
§ 9563. Judgment docket. Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnable, the return, and in […]
§ 9564. Execution docket.
§ 9564. Execution docket. Every justice of the peace shall make a fair entry of every execution issued by such justice of the peace, setting down the names of the parties, the day of issuing, and the day when it is returnable, the debt and the costs, how directed, and to whom delivered, and when […]
§ 9565. Indexing of dockets.
§ 9565. Indexing of dockets. The indexing of the judgment and execution dockets shall be as prescribed by the Chief Magistrate. Code 1852, § 2126; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9572; 65 Del. Laws, c. 173, § 3;