§ 9543. Setting aside judgment on warrant of attorney.
§ 9543. Setting aside judgment on warrant of attorney. (a) If any defendant in a judgment on warrant of attorney, or attorney’s executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases. (b) The […]
§ 9544. Six months stay of execution.
§ 9544. Six months stay of execution. (a) Upon every judgment given by the Court against a freeholder of the county, for a sum exceeding $5.00, besides costs, there shall, upon the application of the defendant within 5 days thereafter, be a stay of execution for 6 months, unless a creditor in the judgment, or […]
§ 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; […]
§ 9503. Power to administer oaths.
§ 9503. Power to administer oaths. A justice of the peace may administer oaths in all cases where an oath is required by law. Code 1852, § 2008; Code 1915, § 3954; Code 1935, § 4454; 10 Del. C. 1953, § 9503;
§ 9504. Adjournments.
§ 9504. Adjournments. A justice of the peace may adjourn cases on trial before him or her, taking security for the appearance of the party complained against. Code 1852, § 2006; Code 1915, § 3952; Code 1935, § 4452; 10 Del. C. 1953, § 9504; 70 Del. Laws, c. 186, § 1;
§ 9505. Advice to litigants on right of appeal.
§ 9505. Advice to litigants on right of appeal. After entering judgment in all civil and criminal cases, the Justice of the Peace Courts shall immediately advise the party litigants in civil cases and defendants in criminal cases of their right to take an appeal from the decision of the justice of the peace and […]
§ 9506. Civil contempt; penalty.
§ 9506. Civil contempt; penalty. A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not exceeding 170 days, any disobedience or resistance to his or her lawful writ, process, order or rule. Any disobedience or resistance to the lawful writ, process, order or rule of […]