§ 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 […]
§ 9542. Judgments against executor or administrator.
§ 9542. Judgments against executor or administrator. (a) Every judgment against an executor, or administrator, as such, shall be a judgment of assets, and shall not charge the executor or administrator absolutely, but only in case the executor or administrator, at the time the judgment is rendered, or before, or afterward, has assets which, according […]
§ 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; […]