§ 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, § […]
§ 9580. Endorsement and docketing; assignment of judgment.
§ 9580. Endorsement and docketing; assignment of judgment. (a) The justice of the peace shall endorse on the scire facias the name of the party who has it issued, and his or her representative character, if he or she so sues, and the name of the person he or she represents, whether as executor, administrator, […]
§ 9581. Revival of judgments.
§ 9581. Revival of judgments. (a) No execution shall be issued on a judgment after the defendant’s death; nor, except in the regular continuance of such process, after the lapse of 5 years from the time execution might first have issued; until the judgment is revived by scire facias. The writ of scire facias may […]
§ 9582. Proceeding by attachment.
§ 9582. Proceeding by attachment. In lieu of proceeding by summons in any civil action for debt brought before a justice of the peace, the proceeding may be by attachment, as provided by §§ 9583 and 9584 of this title and in the manner provided in such sections. Code 1852, § 2156; Code 1915, § […]
§ 9583. Issuance of writ; affidavit.
§ 9583. Issuance of writ; affidavit. (a) A justice shall issue a writ of attachment on an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $25,000, and any of the following apply: (1) The […]
§ 9584. Form of writ; form of Garnishee’s Notice of Service.
§ 9584. Form of writ; form of Garnishee’s Notice of Service. (a) The form of a writ of attachment shall be as follows: “ County, ss. The State of Delaware, To any constable, greetings: We command you to attach the goods and chattels, rights and credits of , the debtor, in order to make good […]