§ 9545. Nine months stay of execution; security.
§ 9545. Nine months stay of execution; security. (a) If any defendant against whom a judgment is given for more than $5.00, besides costs, or any freeholder in relation to whom affidavit is made as in § 9544 of this title, gives, within 5 days after giving such judgment, or filing such affidavit, sufficient security […]
§ 9546. Transfer of judgment to Superior Court docket after stay of execution.
§ 9546. Transfer of judgment to Superior Court docket after stay of execution. (a) Whenever a defendant in any judgment described under § 9544 or § 9545 of this title has obtained a stay of execution under the provisions of either of such sections, the plaintiff or plaintiffs in such judgment, may file a duly […]
§ 9547. Execution process.
§ 9547. Execution process. (a) Process of execution may be issued by the Justice of the Peace Court rendering a judgment, or by any other Justice of the Peace Court, with which the docket containing such judgment is deposited, or a duly certified transcript of the record of such judgment is filed. (b) The process […]
§ 9548. Form of execution process.
§ 9548. Form of execution process. The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law. Code 1852, §§ 2110-2112, 2116; Code 1915, § 4023; 40 Del. Laws, c. 237, § 1; Code 1935, § 4509; 43 Del. Laws, c. 230, § 1; […]
§ 9533. Failure to appear; penalty.
§ 9533. Failure to appear; penalty. If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to […]
§ 9549. Garnishees; time for appearance; pleadings.
§ 9549. Garnishees; time for appearance; pleadings. (a) The day fixed for the garnishees’ appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution. (b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any […]
§ 9534. Form of attachment for contempt.
§ 9534. Form of attachment for contempt. The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: Bring A. B. before , one of our justices of the peace, at a Justice of the […]
§ 9550. Proceeding by garnishee charging collusion.
§ 9550. Proceeding by garnishee charging collusion. (a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee, may, with the answer or plea admitting or […]
§ 9535. Form of distress warrant.
§ 9535. Form of distress warrant. The distress warrant to be used for levy on a referee’s goods and chattels shall be in the following form: “ County, ss. The State of Delaware, To any constable, greeting: Whereas, C. D. of has been adjudged by E. F., one of our justices of the peace, to […]
§ 9551. Appeal from proceeding by garnishee.
§ 9551. Appeal from proceeding by garnishee. (a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases. (b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the name of the […]