§ 9571. Appeal in civil actions.
§ 9571. Appeal in civil actions. (a) From any final order, ruling, decision or judgment of the Court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered. (b) The appeal shall […]
§ 9554. Sale of goods levied upon; advertisement.
§ 9554. Sale of goods levied upon; advertisement. (a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements setting forth the goods […]
§ 9572. Proceedings on appeal.
§ 9572. Proceedings on appeal. (a) The appellant shall have the appellant’s appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in […]
§ 9555. Priority of liens.
§ 9555. Priority of liens. If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers. 70 Del. Laws, c. 232, § 10;
§ 9573. Execution upon striking of appeal.
§ 9573. Execution upon striking of appeal. (a) Whenever an appeal is struck off, the justice shall, upon application of the creditor, issue execution upon the judgment with the costs on the appeal added, against both defendant and sureties, as is provided in §§ 9547 and 9548 of this title, respecting other sureties of record. […]
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution. (a) A constable, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. […]
§ 9574. Abatement and dismissal.
§ 9574. Abatement and dismissal. (a) If an appellant does not duly enter the appellant’s appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary’s certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the […]
§ 9557. Venditioni exponas; issuance; requirements; effect.
§ 9557. Venditioni exponas; issuance; requirements; effect. (a) If there has been a levy made, but no sale, then an execution of venditioni exponas shall be issued at the request of any party entitled to the judgment. (b) A copy of the inventory shall accompany the return. (c) The writ may be directed to the […]
§ 9558. Form of venditioni exponas.
§ 9558. Form of venditioni exponas. The venditioni exponas shall be in the following form: “ County, ss. The State of Delaware. To any constable, greeting: We command you that after giving due notice, you sell, at public vendue, the goods and chattels specified in the schedule hereto annexed, for the purpose of satisfying a […]
§ 9560. Failure to pay over proceeds from execution.
§ 9560. Failure to pay over proceeds from execution. If any sheriff, or constable, levies or receives any sum of money by virtue of an execution issued by a justice of the peace, and does not pay such proceeds on demand to the person entitled to receive them, he or she shall pay to such […]