reglab/housing_qa huggingface dataset:
10 DE Code § 9573. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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. (b) If it appears by the return to such execution that no goods can be found sufficient to satisfy the same or any balance thereof exceeding $5.00, besides interest and costs, the appellee, or the appellee's executors or administrators may file a duly certified transcript of the docket entries of the judgment and execution with the prothonotary of the Superior Court in the county where such judgment was given. The prothonotary shall enter in the judgment docket the name of the party and sureties, the amount of the judgment, and by what justice rendered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry, and such judgment so transferred shall from that date become and be a lien on all the real estate of the debtor and the surety in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of the Court. (c) Any joint debtor or surety shall be entitled to the remedies provided by subchapter II of Chapter 77 of Title 18. Code 1852, §  2145;  11 Del. Laws, c. 225, §  2;  Code 1915, §  4037;  34 Del. Laws, c. 223, §  3;  Code 1935, §  4524;  10 Del. C. 1953, §  9581;  68 Del. Laws, c. 53, §  5;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9574. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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 justice of the peace shall strike off the appeal. (b) If after entering an appeal, the appellant neglects to prosecute it, or fails to comply with any rule, or makes other default, so that in a like case, in any other suit in Court, a nonsuit, non pros., or judgment by default would be entered, the Court shall dismiss the appeal, and remit the record to the justice, and give judgment for the respondent for costs; whereupon the justice shall strike off the appeal. Code 1852, §  2144;  11 Del. Laws, c. 225, §  2;  Code 1915, §  4037;  34 Del. Laws, c. 223, §  3;  Code 1935, §  4524;  10 Del. C. 1953, §  9582;  68 Del. Laws, c. 53, §  5;  69 Del. Laws, c. 423, §  11;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9576. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.

§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety. (a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety. (b) A surety paying a judgment, or the surety's executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators. Code 1852, §  2146;  Code 1915, §  4038;  Code 1935, §  4525;  10 Del. C. 1953, §  9583;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9578. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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 the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend. (b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which the said . . . . . . . . . . . . executor (or administrator) is required to become a party.” (c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases. Code 1852, §§  2151, 2152;  Code 1915, §  4040;  Code 1935, §  4527;  10 Del. C. 1953, §  9585;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9579. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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, and similar proceedings may be had to judgment, execution and appeal, as in other cases; but there shall be no stay of execution on a judgment on scire facias, nor shall any proceedings against bail be affected hereby. Code 1852, §  2153;  Code 1915, §  4041;  Code 1935, §  4528;  10 Del. C. 1953, §  9586;  55 Del. Laws, c. 20, §  20;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9580. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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, or assignee. (b) The justice shall also enter in his or her docket the names of the parties, and their representative character, if either party sues or is sued as such, or as bail; the judgment, by whom rendered, when, and for how much; the names of the original parties; and a minute of the proceedings as in other cases. (c) No assignment of a judgment shall authorize the assignee to proceed therein in his or her own name, except in the case of sureties or joint debtors, as provided in this subchapter. Code 1852, §  2153;  Code 1915, §  4041;  Code 1935, §  4528;  10 Del. C. 1953, §  9587;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9581. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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 be according to the form prescribed in this subchapter, with necessary variations. A judgment may be revived against the original defendant without service of the scire facias, as is provided in respect to bail, when no service can be made. (b) No scire facias is necessary to make the representative, or assignee, of the plaintiff a party to such judgment; but the death, or assignment, being suggested on the record, the representative, or assignee, also named, shall become a party. Code 1852, §§  2154, 2155;  Code 1915, §  4042;  Code 1935, §  4529;  10 Del. C. 1953, §  9588;  75 Del. Laws, c. 282, §  1;
10 DE Code § 9582. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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, §  4043;  34 Del. Laws, c. 221, §  6;  Code 1935, §  4530;  10 Del. C. 1953, §  9589;
10 DE Code § 9583. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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 defendant has absconded. (2) The individual believes that the defendant is about to remove the defendant's person or the defendant's effects out of the State, with intent to defraud the defendant's creditors. (3) The defendant intentionally conceals the defendant's person, so that process of summons cannot be served on the defendant. (4) The defendant is a nonresident of the State. (b) A justice must issue a writ of attachment if all of the following apply:  (1) The affidavit under subsection (a) of this section provides specific facts demonstrating the validity of the debt and for believing that a situation under paragraphs (a)(1) through (a)(4) of this section exists. (2) The plaintiff provides, at the time of filing, a cash bond in the amount of $100. (c) The cash bond under paragraph (b)(2) of this section is conditioned that if the suit is not prosecuted with effect, or if the judgment rendered in the suit is in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment, the remainder, if any, to be returned to the plaintiff when judgment is rendered. Code 1852, §  2156;  18 Del. Laws, c. 678, §  1;  Code 1915, §  4043;  34 Del. Laws, c. 221, §  6;  Code 1935, §  4530;  10 Del. C. 1953, §  9590;  55 Del. Laws, c. 297, §  8;  57 Del. Laws, c. 192, §  8;  65 Del. Laws, c. 30, §  3;  66 Del. Laws, c. 393, §  1;  67 Del. Laws, c. 426, §  6;  69 Del. Laws, c. 425, §  6;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 37, § 41;
10 DE Code § 9585. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.

§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors. (a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment. (b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff's judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice's order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable's official bond shall embrace both these duties. (c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice's office, at the courthouse door of the justice's county, and in 3 public places of the defendant's hundred, or, if within 2 years the defendant had no residence in the county, then in the justice's hundred. On proof of such notice, and of the plaintiff's demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return. (d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant's name, or to open and controvert the judgment, or appeal from the same as in other cases. (e) Nothing in this section shall apply to execution attachments. Code 1852, §§  2158-2162;  Code 1915, §  4044;  Code 1935, §  4531;  10 Del. C. 1953, §  9592;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 204, § 11;
10 DE Code § 9586. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9586. Service on garnishee; compelling attendance.

§ 9586. Service on garnishee; compelling attendance. (a) The service of an attachment on a garnishee may be made in the same way as service of an original summons. (b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee's appearance by process, and may commit the garnishee if he or she refuses to answer or plead as required. (c) The day for the garnishee's answer, or plea, may be adjourned by the justice, if necessary. (d) If the justice has not received from the garnishee a copy of the Garnishee's Notice of Service form within 10 days after receipt thereof by the garnishee, the justice shall issue process to compel the appearance of the said garnishee. Code 1852, §§  2163, 2165;  Code 1915, §  4045;  Code 1935, §  4532;  10 Del. C. 1953, §  9593;  66 Del. Laws, c. 393, §  3;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9587. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9587. Process to compel appearance of garnishee.

§ 9587. Process to compel appearance of garnishee. The form of process to be used for compelling the appearance of a garnishee shall be as follows:  “________________________________ County, ss. The State of Delaware,  To any constable, greeting:  We command you to bring A. B. forthwith before C. D., one of our justices of the peace, at said justice's office in ________________________________ to answer to E. F. as garnishee of G. H., and have you there this warrant. * * * *    *   *  Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”  * L. S.  * *   *    * * * *    Code 1852, §  2164;  Code 1915, §  4045;  Code 1935, §  4532;  10 Del. C. 1953, §  9594;  55 Del. Laws, c. 20, §  22;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9588. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9588. Garnishment proceedings.

§ 9588. Garnishment proceedings. (a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or plea, by attachment of contempt. (b) If the garnishee admits in his or her answer, or plea, that at the service of the attachment, or at any time since, there was in his or her hands, or possession, any attachable goods, or chattels, rights, credits, money, or effects of the defendant, judgment shall be given against the garnishee accordingly. The garnishee may, at the time the attachment is served, or returned, or on such other day as is fixed by the justice, deliver specific goods, so in his or her hands, to the constable, who shall make an inventory, and cause them to be appraised by 2 judicious persons under oath, or affirmation, and shall annex such inventory, to the attachment. (c) A garnishee swearing, or affirming, falsely, is guilty of perjury and may be punished accordingly. (d) If a garnishee pleads, he or she may deny that there is anything of the defendant's in his or her hands, or possession, or he or she may admit any thing or sum, and deny any thing more. The plea shall be entered and the trial shall proceed to judgment, execution, new trial, or appeal, in all respects as an original action commenced by summons. In order to determine the plaintiff's right to appeal, he or she may have entered on the record the amount of his or her demand against the garnishee. But if, on trial, there is not found against the garnishee more than is admitted by the garnishee's plea, the garnishee shall recover his or her costs against the plaintiff. (e) There shall be a stay of execution on judgments against garnishees, as in other cases. If by the answer, plea, or trial, it appears that the garnishee owes a sum payable at a future day, there shall be a stay of execution until that time without security. (f) In no case shall judgment be rendered against a garnishee, until judgment is given against the original debtor, nor for a greater sum; and a garnishee shall, upon request, be admitted to defend the suit against such debtor. (g) If more is due from a garnishee than is embraced in the judgment against him or her, the garnishee may be required to answer in other cases. If there are several garnishees, the plaintiff may elect against which he or she will take judgment, and the others shall be discharged, but may be required to answer in other cases. Code 1852, §§  2166-2171;  Code 1915, §  4047;  Code 1935, §  4534;  10 Del. C. 1953, §  9596;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9589. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9589. Dissolution of attachment.

§ 9589. Dissolution of attachment. (a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff's demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be dissolved, and the cause proceed as in other cases. (b) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and contests the attachment, the justice shall immediately conduct an ex parte post-deprivation hearing on the seizure of the debtor's wages if the justice then determines that there no longer exists a factual basis demonstrating the need for the writ, the attachment shall be dissolved, and the cause proceed as in other cases. (c) If the original debtor appears for trial, the attachment shall be dissolved, and the cause proceed as in other cases. (d) In cases not falling within subsection (a), (b) or (c) of this section, the attachment shall, in any event, be dissolved, and the cause proceed as in other cases, 30 days from the date on which the writ of attachment issued. Code 1852, §§  2172, 2173;  Code 1915, §  4048;  Code 1935, §  4535;  10 Del. C. 1953, §  9597;  66 Del. Laws, c. 393, §  4;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9590. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.

§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable. (a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in the same way as if the garnishee, at the time the attachment was laid, had delivered the property, or paid the money to the defendant in the attachment. (b) The constable, to whom any goods or effects are, upon any attachment, delivered, and the constable's sureties, shall be liable, on his or her official bond, for the safe keeping of such goods or effects. The constable shall make certain that the goods or effects are taken in execution upon judgment being rendered against the defendant, or are restored to the owner, if no such judgment is rendered. The constable shall account for all money arising from the sale of any such goods or effects, and shall pay the same to the persons entitled. Code 1852, §§  2174, 2175;  Code 1915, §  4049;  Code 1935, §  4536;  10 Del. C. 1953, §  9598;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9611. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter III. Trespass Actions|§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.

§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions. (a) In trespass actions under § 9301 of this title, before the summons is issued, the plaintiff shall file a written statement under hand describing the injury of which the plaintiff complains. Service of a summons in an action under this subchapter shall be the same as with service of a summons in an action under subchapter II of this chapter. (b) When the statement of injury alleges the operation of a vehicle by a servant, agent or employee of defendant, it shall not be necessary for the plaintiff at the trial to prove that the person operating the vehicle was a servant, agent or employee of the defendant or that the servant, agent or employee of the defendant was at the time of the occurrence for which the action is brought operating the vehicle in and about the course of his or her duties as a servant, agent or employee of defendant. These facts shall be taken to be admitted as alleged in the statement of injury unless the defendant, or when there is more than 1 defendant, some one of the defendants, shall have filed, at the latest upon the second day before the time fixed for trial, an affidavit denying that the operator of the vehicle was operating it as a servant, agent or employee of defendant, or that the operator of the vehicle was operating it in and about the course of his or her duties as a servant, agent or employee of defendant. (c) Counterclaims, cross-claims and third-party actions shall be permitted in all civil actions in accordance with the Civil Rules of the Justice of the Peace Courts. Code 1852, §  2196;  Code 1915, §  4064;  Code 1935, §§  4545, 4545A;  44 Del. Laws, c. 174;  10 Del. C. 1953, §  9611;  58 Del. Laws, c. 211;  65 Del. Laws, c. 31, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9612. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter III. Trespass Actions|§ 9612. Form of summons.

§ 9612. Form of summons. The summons under this subchapter shall be in the form provided by the Justice of the Peace Court for summons in civil cases. Code 1852, §  2197;  Code 1915, §  4064;  Code 1935, §  4545;  10 Del. C. 1953, §  9612;  55 Del. Laws, c. 20, §  23;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 55, §  1;
10 DE Code § 9614. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter III. Trespass Actions|§ 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. Laws, c. 423, §  12;  77 Del. Laws, c. 55, §  3;