Subchapter II. Civil Actions for Debt

TITLE 10

Courts and Judicial Procedure

Justices of the Peace

CHAPTER 95. PROCEDURE

Subchapter II. Civil Actions for Debt

Proceeding by Summons; Process, Adjournments and Special Bail

§ 9521. Mode of proceeding.

The proceeding in any civil action for debt, as described in § 9301 of this title, shall be by summons, or attachment.

Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; 10 Del. C. 1953, § 9521.;

§ 9522. Issuance and requirements of summons.

The writ of summons in an action under this subchapter shall be issued under the seal of the Justice of the Peace Court, dated
on the day it is issued, stating the sum demanded, and the date for the defendant's appearance, which shall be made by the
filing of any written motion or pleading purporting to be responsive to, or affecting, the complaint, no later than 15 days
from the date received.

Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; 10 Del. C. 1953, § 9522; 59 Del. Laws, c. 540, § 2; 69 Del. Laws, c. 429, § 4.;

§ 9523. Form of summons.

The summons in an action under this subchapter shall be of the following

form:

" ........ County, ss. The State of Delaware.

"TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED

PROCESS SERVER:

"We command you to summon ........, the defendant(s), and serve upon said

defendant(s) a copy of this summons and complaint.

"TO THE DEFENDANT(S):

"Within 15 days after you receive this summons, excluding the day you

receive it, you must complete and return to the Justice of the Peace Court,

..... (address), the enclosed answer (or other such filing) if you deny owing

all or part of the money claimed as a debt against you by the plaintiff in the

complaint.

"Failure to file an answer, or other written document related to this

claim, with the Justice of the Peace Court may result in a default judgment

being entered against you and action may be taken by the plaintiff, such as

the attachment of your wages or the attachment and sale of your property, to

satisfy the judgment.

"DATED: __________________ __________________________

"Justice of the Peace/Clerk"

Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; 10 Del. C. 1953, § 9523; 69 Del. Laws, c. 429, § 5.;

§ 9524. Service of summons; verification for default judgment.

(a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person,
shall be made by delivering a copy of the summons, with accompanying papers, if any, to the individual personally or by leaving
a copy thereof together with the accompanying papers, if any, at the individual's dwelling house or usual place of abode in
the presence of some person of suitable age and discretion residing therein, or by sending a copy of the summons with accompanying
papers, if any, to the individual by certified mail, return receipt requested, or by delivering copies thereof to an agent
authorized by his or her appointment or by law, to receive service of process, at least 4 days before the day of appearance,
unless it be returnable "forthwith," but service, by leaving a copy, shall not be made of any warrant returnable forthwith,
nor in respect to any defendant who has not at the time a fixed place of abode in the county.

(b) The service and the manner of service shall be stated in the return thus, "served personally" by the Justice of the Peace
Constable or duly authorized special process server or "served by leaving a copy at the defendant's dwelling house or usual
place of abode in the presence of A.B., a person of suitable age and discretion residing therein," with the date of such service,
or "served by certified mail, return receipt requested," and a judgment by default shall not be rendered until the service
shall be verified by:

(1) The Constable's verification in writing in a form acceptable to the Court;

(2) The special process server's affidavit in writing; or

(3) The certified mail return receipt signed by the defendant, or by some person of suitable age and discretion, as agent
for the defendant; or

(4) If the certified mail return receipt is returned marked "unclaimed", or "refused", or with some other indication of failed
service, the court shall send a copy of the complaint and summons to the defendant by first class mail to the address provided
by the plaintiff. In addition, at the discretion of the presiding judge, the court constable may attempt to confirm that the
address provided is that of the defendant and, if confirmed, will attempt personal service. In the event the constable is
directed to confirm the address and does so, but is unable to effect personal service, the constable will affix the complaint
and summons to the entrance of the dwelling, and note such method of service on the return. In the event of an application
for a default judgment after such service, the court may proceed pursuant to § 9537 of this title whether personal service
is completed or not.

Code 1852, §§ 2066, 2067; Code 1915, § 4008; Code 1935, § 4494; 10 Del. C. 1953, § 9524; 56 Del. Laws, c. 223, § 1; 59 Del. Laws, c. 540, § 3; 66 Del. Laws, c. 415, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 232, § 3; 76 Del. Laws, c. 27, § 1; 76 Del. Laws, c. 238, §§ 1, 2.;

§ 9525. Deposit for cost; representation of an artificial entity.

(a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action
first makes a deposit of $5 with the justice of the peace before whom the person brought the action, to be applied to the
costs of such action. The sum deposited shall be returned to the person depositing the same, if the money sued for is recovered.

(b) Where the person bringing the action under this subchapter is a corporation, the action may be prosecuted by an officer
or employee of the corporation who need not be a duly licensed attorney-at-law provided, however, that officer or employee
is duly qualified under Delaware Supreme Court Rule 57.

27 Del. Laws, c. 279; Code 1915, § 4007; Code 1935, § 4493; 10 Del. C. 1953, § 9525; 55 Del. Laws, c. 20, § 9; 57 Del. Laws, c. 224, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 27, §§ 2, 3.;

§ 9526. Time for hearing.

In an action under this subchapter, the time appointed in the summons for the defendant's appearance shall be the day for
hearing the cause.

Code 1852, § 2069; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9526.;

§ 9527. Adjournments.

(a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of
this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair
trial.

(b) The justice of the peace shall fix the time of adjournment so as to bring the cause to as speedy a trial as the circumstances
will admit.

(c) The justice shall, except as provided in § 9528 of this title, grant one adjournment to the defendant, of course, and
other adjournments to either party, if it shall appear to the justice's satisfaction, by the oath, or affirmation, of the
party applying for it, or otherwise, that such party is not prepared for trial, and that the party's want of preparation is
not owing to design, or to not using due diligence.

(d) After a second adjournment, the party applying for a further adjournment, shall pay the costs accruing on the day of such
application, unless the justice makes a special order that the costs, or any part of them, shall abide the result of the cause.

Code 1852, §§ 2070, 2071; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9527; 70 Del. Laws, c. 186, § 1.;

§ 9528. Requirement of special bail for certain adjournments.

In an action under this subchapter, if the summons is made returnable "forthwith," the justice may refuse to grant any adjournment
on the defendant's application, unless the defendant gives special bail as follows:

”A. B. becomes special bail for C. D., the defendant in this action.

(Signed) A. B."

Code 1852, § 2069; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9528.;

§ 9529. Discharge of special bail.

Special bail shall be discharged if the defendant appears, or is surrendered before the justice, on the day to which the cause
is adjourned, and pays and satisfies any judgment rendered against him or her in such proceedings.

Code 1852, § 2073; 19 Del. Laws, c. 776, § 1; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9529; 70 Del. Laws, c. 186, § 1.;

§ 9530. Proceedings against special bail; scire facias.

(a) If special bail is not discharged as provided by § 9529 of this title, and it appears, by the return upon any execution,
that goods sufficient to satisfy the judgment cannot be found, proceedings by scire facias, in the form prescribed by § 9577
of this title, may be had against the bail.

(b) The scire facias shall be served on the bail, as provided in respect to service of a summons, at least 4 days before its
return. If so served, or if it appears by the return to 2 successive writs of scire facias, that service cannot be made, the
justice may proceed to give judgment against the defendant by default, unless the defendant appears; the returns to the writ,
or writs, of scire facias, being first verified by affidavit.

(c) The affidavit shall state, in substance, that the constable has made diligent search for the defendant in the scire facias,
and cannot find the defendant, nor hear that the defendant has any place of abode in the county.

(d) If the defendant appears, the cause shall proceed as in other cases; but a judgment against the defendant may be for the
full amount of the original judgment against the defendant's principal, inclusive of interests and costs, though that should
exceed $500.

Code 1852, §§ 2074-2080; 18 Del. Laws, c. 678, § 1; 19 Del. Laws, c. 776, § 2; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9530; 70 Del. Laws, c. 186, § 1.;

§ 9531. Depositions of nonresidents.

(a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the
county, whose attendance it is not practicable to procure, the justice may make a rule that such witness's deposition be taken
before a justice of the peace sitting in the county in which the witness resides.

(b) Unless it is otherwise agreed, the party applying for a rule that a deposition be taken shall file in writing all the
questions to be put to the witness, giving at least 4 days notice to the other party, who may file other questions.

(c) The justice shall forward a copy of the rule and the questions to the justice of the peace selected with a copy of this
section.

(d) The deposition shall be taken in writing, signed by the witness, certified by the justice of the peace selected, and sent,
sealed up, to the justice.

(e) The witness shall first be sworn, or affirmed, by the justice of the peace selected, to answer the questions truly. Neither
party shall be present at the taking the deposition, and no questions shall be put but those sent by the justice.

Code 1852, § 2180; Code 1915, § 4052; Code 1935, § 4539; 10 Del. C. 1953, § 9531; 55 Del. Laws, c. 20, § 10; 70 Del. Laws, c. 186, § 1.;

§ 9532. Form of subpoena.

(a) A subpoena for attendance of witnesses in actions under this

subchapter shall be in this form:

"........... . County, ss. The State of Delaware,

To any constable, greeting:

Summon A. B. and C. D., to appear before....... . one of our justices of the

peace, at said justice's office in........ . on..... . the..... . day of... .

at... . o'clock in the....... ., to give evidence in a cause between A. B.,

plaintiff and C. D. defendant, depending before our said justice; and this

they may not omit at their peril.

* * * *

* * Witness the hand and seal of the said Justice the

* L. S. * ............ day of ............ A.D. 19 ....."

* *

* * * *

(b) The summons for referees may be in the same form, substituting the words "to try," for the words "to give evidence in."

Code 1852, §§ 2177, 2178; Code 1915, § 4051; Code 1935, § 4538; 10 Del. C. 1953, § 9532; 55 Del. Laws, c. 20, § 11; 70 Del. Laws, c. 186, § 1.;

§ 9533. Failure to appear; penalty.

If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof
that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in
addition, be required to pay any additional court cost created by the witness' nonappearance.

Code 1852, § 2177; Code 1915, § 4051; Code 1935, § 4538; 10 Del. C. 1953, § 9533; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 27, § 4.;

§ 9534. Form of attachment for contempt.

The form of an attachment under § 9533 of this title for contempt

against a witness, shall be as follows:

"......... . County, ss. The State of Delaware,

To any constable, greeting:

Bring A. B. before......... ., one of our justices of the peace, at a Justice

of the Peace Court in the county in which the action was commenced forthwith

to show cause why he/she should not be punished under civil contempt as

provided by § 9506 of Title 10 of the Delaware Code.

* * * *

* * Witness the hand and seal of the said Justice the

* L. S . * ............ day of ............ A.D. 20 ....."

* *

* * * *

Code 1852, § 2179; Code 1915, § 4051; Code 1935, § 4538; 10 Del. C. 1953, § 9534; 55 Del. Laws, c. 20, § 12; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 27, § 5.;

§ 9535. Form of distress warrant.

The distress warrant to be used for levy on a referee's goods and

chattels shall be in the following form:

"......... . County, ss. The State of Delaware,

To any constable, greeting:

Whereas, C. D. of....... . has been adjudged by E. F., one of our justices

of the peace, to be guilty of a contempt in making default, after due summons

as a referee, in a case pending before said justice, and has been ordered to

pay a fine of five dollars in pursuance of the Act of Assembly in such case

provided; and whereas, the said C. D. has neglected to pay the said sum:

We therefore command you to levy the said sum of five dollars, with....... .

costs and your costs hereon, by distress and sale of the goods and chattels

of the said C. D., upon due notice given, as upon other execution process.

* * * *

* * Witness the hand and seal of the said Justice the

* L. S. * ............ day of ............ A.D. 19 ....."

* *

* * * *

Code 1852, § 2087; Code 1915, § 4013; Code 1935, § 4499; 10 Del. C. 1953, § 9539; 55 Del. Laws, c. 20, § 13.;

§ 9536. Setoff or counterclaim.

(a) In every action before a justice of the peace, within the justice's jurisdiction, the defendant, if he or she has against
the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forward and
plead it as a setoff; and the justice shall enter on the docket the nature and amount of such counterclaim. Any defendant,
neglecting to do so, shall, if the action against him or her be prosecuted to judgment, lose such account, demand, or cause
of action, and be forever barred from recovering it.

(b) If the defendant has any account, demand or cause of action, against the plaintiff, exceeding $15,000, the defendant may
bring it forward and plead it as a setoff as specified in subsection (a) of this section, or not, at the defendant's pleasure,
and shall not, by neglecting so to plead it, lose such cause of action.

(c) If the defendant pleads a setoff exceeding $15,000, and it is found on the trial, that there is any sum due the defendant
from the plaintiff, judgment shall be given against the plaintiff, in the defendant's favor, for such sum, provided it does
not exceed $15,000. If it exceeds $15,000, that fact shall be stated on the record, and judgment shall be given for costs
for the defendant, who shall be at liberty to prosecute such cause of action in court; or such defendant may remit the excess
above $15,000, and take judgment for that sum.

Code 1852, §§ 2089-2091; 18 Del. Laws, c. 678, § 1; Code 1915, § 4014; 34 Del. Laws, c. 221, § 3; Code 1935, § 4500; 10 Del. C. 1953, § 9540; 55 Del. Laws, c. 297, § 5; 57 Del. Laws, c. 192, § 5; 65 Del. Laws, c. 30, § 1; 67 Del. Laws, c. 426, § 4; 69 Del. Laws, c. 425, § 4; 70 Del. Laws, c. 186, § 1.;

§ 9537. Failure of defendant to appear; adjournment or judgment by default.

(a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or
pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment
by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be
by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default
judgment may be entered as follows:

(1) By the clerk. -- When the plaintiff's claim is (i) based upon a written instrument from which the defendant's agreement
to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil
penalty payable to the State or any subdivision thereof, a mandatory dollar amount of which is specified by statute, the clerk,
upon written application of the plaintiff and upon affidavit of the amount due, giving credit for any payments and showing
the amounts and dates thereof and a computation of any applicable interest to the date of judgement, may enter judgment for
that amount and costs against the defendant.

(2) By the Court. -- When entry of judgment may not be made by the clerk pursuant to paragraph (1) of this subsection or when
the Court, in its discretion, determines that entry of the default judgment should be made by the Court, the Court may enter
the judgment. When entered by the Court, the Court may make investigation into and determine the amount of damages properly
due. If in order to enable the Court to enter judgment, carry it into effect, or determine the amount of damages, it is necessary
to establish the truth of any averment by evidence or to make an investigation of any matter, the Court may conduct such hearings
or order such references as it deems necessary and proper.

(b) No judgment shall be given against an executor, or administrator, as such, by default, until the plaintiff produces the
obligation, note, or contract of the deceased, or a book of accounts regularly and fairly kept, and verified by oath or affirmation,
or other sufficient proof, and a probate regularly made; and a book of accounts shall not be received for cash entries, or
items not properly chargeable in account.

Code 1852, § 2081; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9541; 69 Del. Laws, c. 429, § 6; 73 Del. Laws, c. 337, § 1.;

§ 9538. Application to vacate default judgment.

(a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment,
and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply
to have the judgment vacated, if service was made by certified mail, return receipt requested, and the certified mail was
returned unclaimed.

(b) The plaintiff, or the plaintiff's agent, if in the county, shall have notice of the defendant's application, and of the
time set for hearing it.

(c) If, upon the hearing, the justice is satisfied that there ought to be a trial, and that the defendant was not guilty of
wilful negligence in letting judgment go against the defendant by default, the application shall be granted, and a day appointed
for the trial, whereof the plaintiff, or the plaintiff's agent, shall have notice.

(d) The notice may in either case, be given and proved by the constable.

Code 1852, § 2082; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9542; 66 Del. Laws, c. 415, § 2; 69 Del. Laws, c. 429, § 7; 70 Del. Laws, c. 186, § 1.;

§ 9539. Failure of plaintiff to appear; adjournment or dismissal.

If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the court, the court shall either: enter
a nonsuit judgment, which may be taken off in like manner as a judgment by default; dismiss the action according to court
rule; or adjourn the matter for further proceedings, as the circumstances direct.

Code 1852, § 2083; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9543; 76 Del. Laws, c. 27, § 6.;

§ 9540. Entry of judgment; endorsement on cause of action.

Every justice of the peace, upon entering judgment upon any cause of action arising from any promissory note, bank check or
due bill, or other evidences of indebtedness under the hand of the debtor, shall endorse on such cause of action the year,
month and day of entering such judgment, with a reference to the docket, showing the page of such docket, and the number of
such judgment, and shall file such cause of action in his or her office, which cause of action shall be a part of the record.

18 Del. Laws, c. 677, § 1; Code 1915, § 4010; Code 1935, § 4496; 10 Del. C. 1953, § 9544; 70 Del. Laws, c. 186, § 1.;

§ 9541. Costs.

(a) Whichever party recovers judgment shall recover that party's costs of suit, to be allowed and collected by force of the
judgment, as a part thereof.

(b) If plaintiff, upon claiming a new trial, recovers no more than $5, exclusive of costs, the defendant shall be allowed
his or her costs in the new trial.

(c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant
for costs.

Code 1852, §§ 2092, 2093; Code 1915, § 4015; Code 1935, § 4501; 10 Del. C. 1953, § 9545; 58 Del. Laws, c. 194, § 8; 70 Del. Laws, c. 186, § 1.;

§ 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 to law, ought to be applied to the cause of action.

(b) If an execution on a judgment against an executor or administrator is returned unsatisfied for want of assets, the creditor
may sue out a scire facias, upon a suggestion of waste, against the executor or administrator; and if the defendant does not
appear and show sufficient cause to the contrary, the defendant shall be deemed guilty of waste and shall be personally liable
for the amount of the original judgment, with interest and costs, and judgment and execution shall be awarded accordingly,
as for the defendant's own debt. No such scire facias shall be issued until after the lapse of one year from the grant of
letters of administration to the defendant.

(c) In all cases in which a question of assets shall be determined, that question shall be tried by the justice, and not by
referees.

Code 1852, §§ 2094-2096; Code 1915, § 4016; Code 1935, § 4502; 10 Del. C. 1953, § 9546; 69 Del. Laws, c. 429, § 8; 70 Del. Laws, c. 186, § 1.;

§ 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 judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination
against such obligation, or warrant.

(c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless
the defendant gives sufficient security to pay the plaintiff the sum justly due.

(d) The security shall be entered as follows: "On the........... . day of....... . A.D. 19.... ., A. B. (and C. D., if two)
became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs)
in this action."

(e) Upon the entry of security being made and signed, the judgment and execution shall be set aside.

Code 1852, § 2102; Code 1915, § 4020; Code 1935, § 4506; 10 Del. C. 1953, § 9549; 70 Del. Laws, c. 186, § 1.;

§ 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, 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 other credible person, makes and files an affidavit before the justice "that he has good ground to apprehend
and does verily believe that if the stay of execution be allowed, the sum due by the judgment will be lost"; upon which execution
may forthwith issue.

(b) If any of several defendants in such judgment is a freeholder of the county, the provisions of subsection (a) of this
section shall apply.

Code 1852, § 2103; 12 Del. Laws, c. 22; Code 1915, § 4021; Code 1935, § 4507; 10 Del. C. 1953, § 9551; 69 Del. Laws, c. 429, § 9; 70 Del. Laws, c. 186, § 1.;

§ 9545. Nine months stay of execution; security.

(a) If any defendant against whom a judgment is given for more than $5, 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 to pay the judgment, there shall be a stay of execution thereon for 9 months from that time.

(b) The security shall be entered on the docket in the following form:

"On the......... . day of......... ., A. D. 19... ., A. B., (or A. B. and C. D., if two) becomes surety that this judgment
shall be fully satisfied"; and the entry shall be signed by the surety or sureties.

(c) The entry of security, and the entry prescribed in § 9546 of this title, shall be an obligation of record, and shall oblige
the sureties, or their executors or administrators, jointly, or severally, to pay the judgment to which such entry refers,
and after the expiration of the stay of execution the judgment may be executed and enforced against the sureties, their executors
or administrators, without an action of debt, or a scire facias being first maintained or issued thereupon.

(d) If any defendant, in a judgment against several, is not a freeholder of the county, the foregoing provisions for 9 months'
stay on giving security shall apply, although there may be other defendants who are freeholders.

(e) If, in any case, execution has issued before the security is given, the same shall, on giving the security within the
5 days, be superseded and the proceedings thereon quashed.

Code 1852, §§ 2104-2107; Code 1915, § 4022; 34 Del. Laws, c. 222; Code 1935, § 4508; 10 Del. C. 1953, § 9552.;

§ 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 certified transcript
of the docket entries of the judgment, with the Prothonotary of the Superior Court, in the county where such judgment was
given, and the Prothonotary shall enter in the Prothonotary's judgment docket, the names of the parties, the amount of the
judgment, and by what justice of the peace court rendered, the time from which interest runs and the amount of the costs,
with the true date of such filing and entry.

(b) A judgment transferred under the provisions of this section shall from that date become and be a lien on all the real
estate of the defendants, as well as of the sureties, in the county, in the same manner and as fully as judgments rendered
in the Superior Court are liens, and may, after the expiration of the stay of execution, be executed and enforced in the same
way as judgments of the Court. If any such judgment is lawfully assigned to a joint debtor or surety, the assignee shall have
the benefit of this section.

Code 1852, § 2103; 12 Del. Laws, c. 22; Code 1915, §§ 4021, 4022; 34 Del. Laws, c. 222; Code 1935, §§ 4507, 4508; 10 Del. C. 1953, § 9553; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 232, § 4.;

§ 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 of execution shall bear date of the day it is issued, and shall be made returnable on a day certain, not more
than 60, nor less than 30, days, thereafter; but a return of "no goods" may be made after 2 days from its date.

Code 1852, §§ 2108, 2109, 2117; 14 Del. Laws, c. 93; Code 1915, § 4023; 40 Del. Laws, c. 237, § 1; Code 1935, § 4509; 43 Del. Laws, c. 230; 10 Del. C. 1953, § 9554; 55 Del. Laws, c. 20, § 14; 70 Del. Laws, c. 232, § 5; 75 Del. Laws, c. 282, § 2.;

§ 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; 10 Del. C. 1953, § 9555; 55 Del. Laws, c. 20, § 15; 70 Del. Laws, c. 232, § 6.;

§ 9549. Garnishees; time for appearance; pleadings.

(a) The day fixed for the garnishees' appearance shall not be less than 5 days from the date, nor shall it be after the return
day of the execution.

(b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any credits,
money or rights arising from any agreement, or contract, for personal labor, hire or services of the defendant for which the
garnishee is accountable to the defendant, after the garnishee is so summoned to answer and until the judgment with costs
has been paid.

Code 1852, §§ 2113, 2114; Code 1915, § 4023; 40 Del. Laws, c. 237, § 1; Code 1935, § 4509; 43 Del. Laws, c. 230, § 1; 10 Del. C. 1953, § 9556; 60 Del. Laws, c. 619, § 1; 70 Del. Laws, c. 186, § 1.;

§ 9550. Proceeding by garnishee charging collusion.

(a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted
in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee, may, with the answer
or plea admitting or denying such indebtedness, require the justice of the peace to enter upon his or her docket a plea that
such attachment process has been taken against such garnishee by collusion between the plaintiff and the defendant in the
judgment upon which such execution attachment is or shall be issued, and for a claim not actually due from such defendant,
or confessed, contracted, incurred, or made for the occasion, or upon a judgment upon a claim, or for a debt made by dividing
or splitting up a claim or debt not primarily cognizable by reason of its amount before a justice of the peace, for the purpose
of bringing the same under or within the jurisdiction of a justice or justices of the peace.

(b) Upon such plea, as well as upon any plea of "nulla bona" entered in the cause, the justice shall enter an issue or issues,
which shall be tried and determined as other cases cognizable before the justice.

(c) If either of the issues is found for the defendant, the garnishee judgment shall be entered against the attaching creditor
for the costs, otherwise, it shall be entered as in other cases.

(d) Nothing in this section shall prevent the giving of a credit upon a claim, so as to reduce it to a sum within the jurisdiction
of a justice of the peace.

14 Del. Laws, c. 92, §§ 1, 4; Code 1915, § 4024; Code 1935, § 4510; 10 Del. C. 1953, § 9557; 70 Del. Laws, c. 186, § 1.;

§ 9551. Appeal from proceeding by garnishee.

(a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases.

(b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on
in the name of the garnishee upon special application to the justice in that behalf, upon becoming bound with surety to the
satisfaction of the justice for the prosecution of the appeal, etc., as in other cases; in which case the garnishee shall
be indemnified for all costs arising upon the appeal.

(c) Any creditor who makes a defense in the original proceedings before the justice shall likewise, before being admitted
to defend, give security to the satisfaction of the justice for any legal costs which may be incurred in making such defense
in case it proves unsuccessful.

(d) In the prosecution of the appeal in the Court of Common Pleas, any defense which might be made before the justice may
be made before the Court.

14 Del. Laws, c. 92, §§ 2, 3; Code 1915, § 4024; Code 1935, § 4510; 10 Del. C. 1953, § 9558; 69 Del. Laws, c. 423, § 6; 70 Del. Laws, c. 186, § 1.;

§ 9552. Time of binding of goods and chattels by execution; duration of lien.

An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An
execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant, within the bailiwick
of such constable or other officer which are actually levied upon within 30 days thereafter. No levy upon goods and chattels,
made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same
goods and chattels for a longer period than 3 years from the making of such first mentioned levy.

Code 1852, § 2122; 13 Del. Laws, c. 161, §§ 1, 2; Code 1915, § 4027; Code 1935, §§ 4511, 4513; 10 Del. C. 1953, § 9559; 70 Del. Laws, c. 232, § 7; 77 Del. Laws, c. 295, § 1.;

§ 9553. Levy; inventory; appraisement.

(a) The goods and chattels seized by virtue of an execution issued by a justice of the peace court shall be inventoried and
appraised by the officer levying the same.

(b) The property which any debtor is entitled to have set apart under any exemption law of the State shall be set apart and
delivered to the debtor at the time when the levy and appraisement is made, in the manner provided by law if requested by
the debtor pursuant to Chapter 49 of this title.

Code 1852, § 2122; 13 Del. Laws, c. 161, § 1; 14 Del. Laws, c. 555; Code 1915, § 4027; Code 1935, § 4511; 10 Del. C. 1953, § 9560; 70 Del. Laws, c. 232, § 8.;

§ 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 10 days after
the appraisement, nor 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 to be sold, and the day, hour and place of sale.

(b) One advertisement shall be delivered to every person whose goods are to be sold, and to the defendant's landlord, or to
the landlord's agent if there is one residing within the county.

(d) One such advertisement shall be delivered to each plaintiff in the execution, and also to each plaintiff in any other
execution or executions at the time in the hands of the constable, or sheriff, or shall be left at the usual place of abode
of such plaintiff, respectively, if there is such place of abode within the county.

(e) If any plaintiff in any such execution resides out of the county, the advertisement shall be transmitted to such plaintiff
by mail, being enclosed and addressed to such plaintiff at the post office nearest such plaintiff's place of abode at least
10 days before the day of sale.

Code 1852, § 2122; 13 Del. Laws, c. 161, § 1; Code 1915, § 4027; Code 1935, § 4511; 10 Del. C. 1953, § 9561; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 232, § 9.;

§ 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.;

§ 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. The constable
or other officer shall also endorse upon an execution, immediately on receiving it, the precise time the officer received
delivery of the execution.

(b) The officer to whom an execution issued by a justice of the peace court is delivered shall duly return it with a certificate
of all the officer's proceedings, and a statement of the officer's fees, giving the items.

(d) If the levy has been made, an inventory and appraisement shall be returned, and shall state as whose property the goods
and chattels were seized in execution.

(e) In case of a sale the list of the goods and chattels sold, with the amount thereof, shall be returned.

Code 1852, § 2128; 14 Del. Laws, c. 85; Code 1915, § 4029; Code 1935, § 4515; 10 Del. C. 1953, § 9563; 70 Del. Laws, c. 232, § 11.;

§ 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 and appraisement shall accompany the writ of venditioni exponas.

(d) The issuing of a venditioni exponas shall not discharge the officer to whom the former execution was delivered, from any
liability incurred by neglect, or default, in respect to it.

(e) After one execution of venditioni exponas has been issued, the defendant shall not be charged with any fees upon any further
execution of venditioni exponas, and such fees shall be paid by the plaintiff.

(f) If the officer to whom the first writ for the sale of the goods is delivered, does not use due diligence and all proper
means to effect a sale, the officer shall be charged with the amount of such execution as if the officer had returned a sale
sufficient to satisfy the same.

(g) In effecting a sale of goods, the officer shall conduct the sale in a commercially reasonable manner, which may include,
but is not limited to, personally auctioning the goods according to procedures established by the Justice of the Peace Court;
offering the goods through a commercial auction house; or by providing for other auction services. In the event that the officer
does not personally conduct the sale, all costs of the sale, except those provided for in Justice of the Peace Court rules,
shall be deducted from the proceeds of the sale, or otherwise borne by the party requesting the sale.

Code 1852, §§ 2129-2131; Code 1915, § 4029; Code 1935, § 4515; 10 Del. C. 1953, § 9564; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 239, § 1; 77 Del. Laws, c. 240, § 1.;

§ 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 judgment recovered on the..... . day of...... . 19... .,

before A. B., one of our justices of the peace, by C. D. against E. F. for the

sum of…...... . on interest from the......... . and the further sum of........ .

costs of suit, and......... . fees on the former execution, and your fees on

this process, or so much of said goods and chattels as shall be sufficient for

said purposes, after discharging prior liens, if any, which goods and

chattels have been levied on by virtue of an execution issued on the said

judgment and dated the ....... . day of……..... . 19... ., and that you return

this execution, and your doings hereon plainly set forth to....... ., one of

our justices of the peace aforesaid, on the ....... . day of…......... .

* * * *

* * Witness the hand and seal of the justice last named,

* L. S. * the ............ day of ............. A.D. 19 ....."

* *

* * * *

Code 1852, § 2129; Code 1915, § 4029; Code 1935, § 4515; 10 Del. C. 1953, § 9565; 55 Del. Laws, c. 20, § 16.;

§ 9559. Failure to return and defective return of execution.

If any sheriff, or constable, to whom an execution is duly delivered, neglects to return the same according to the command
thereof, or to return his or her doing thereon plainly set forth, as required by §§ 9556-9558 of this title, or to annex an
inventory and appraisement as required by § 9557 of this title, he or she shall be liable for the amount of the execution
as if he or she had levied and received the same. Liability may be enforced by action on the official obligation of the sheriff,
or constable, or proceedings may be had against such constable before a justice of the peace, according to § 9561 of this
title.

Code 1852, § 2132; Code 1915, § 4030; Code 1935, § 4516; 10 Del. C. 1953, § 9566; 70 Del. Laws, c. 186, § 1.;

§ 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 person at the
rate of 20 percent per annum from the time of such demand, to be added to the sum so levied, or received, in any suit brought
for its recovery.

Code 1852, § 2133; Code 1915, § 4031; Code 1935, § 4517; 10 Del. C. 1953, § 9567; 70 Del. Laws, c. 186, § 1.;

§ 9561. Failure on return to produce receipt of proceeds.

(a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt
of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insufficient or a false return thereto,
the justice shall, on request, issue a summons to a constable, or any other person, or to the sheriff, requiring the defaulting
constable to appear before him or her at a time fixed, within 10 days thereafter, to show cause why an execution should not
issue against him or her for the amount of the debt he or she was required by such execution to levy. The summons shall be
served in the same way as an original summons.

(b) If the constable neglects to appear as required, or does not show sufficient cause why the execution should not issue
against him or her, the justice shall, on proof of service of the summons, enter judgment against the constable for the amount
of the debt he or she was required by such execution to levy, together with costs. There shall be no stay of execution on
the judgment, and the justice shall, on request, issue an execution as in other cases.

(c) The remedy of this section is cumulative, and shall, in no manner, affect the responsibility of the constable or the constable's
sureties on his or her official bond.

Code 1852, §§ 2134-2136; Code 1915, § 4032; Code 1935, § 4518; 10 Del. C. 1953, § 9568; 70 Del. Laws, c. 186, § 1.;

§ 9562. Necessity of judgment and execution docket.

There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets
to be as prescribed by the Chief Magistrate.

12 Del. Laws, c. 91; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9569; 55 Del. Laws, c. 20, § 17; 55 Del. Laws, c. 85, § 32Y; 65 Del. Laws, c. 173, § 1.;

§ 9563. Judgment docket.

Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein
setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnable,
the return, and in case of a "forthwith" summons the day of the return, every adjournment and the day to which the trial is
adjourned, any setoff pleaded and the amount thereof, the names of the referees if any are appointed, the sum of the referees'
report and for which party, the amount of the judgment and for which party, the costs regularly taxed, entries of bail, or
of security, and the issuing of any execution, and the date thereof.

Code 1852, § 2124; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9570; 70 Del. Laws, c. 186, § 1.;

§ 9564. Execution docket.

Every justice of the peace shall make a fair entry of every execution issued by such justice of the peace, setting down the
names of the parties, the day of issuing, and the day when it is returnable, the debt and the costs, how directed, and to
whom delivered, and when returned, a copy of the return, and the amount of any appraisement, and a note of any further proceedings.

Code 1852, § 2125; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9571; 65 Del. Laws, c. 173, § 2; 70 Del. Laws, c. 186, § 1.;

§ 9565. Indexing of dockets.

The indexing of the judgment and execution dockets shall be as prescribed by the Chief Magistrate.

Code 1852, § 2126; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9572; 65 Del. Laws, c. 173, § 3.;

§ 9566. Entry of judgment satisfaction by justice.

Whenever it appears by the return to, or the proceedings upon, any execution, that a judgment is satisfied, the justice, who
has the judgment docket, shall make an entry of the satisfaction thereon, if such return or proceedings are before him or
her.

Code 1852, § 2127; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. 1953, § 9573; 70 Del. Laws, c. 186, § 1.;

§ 9567. Entry of judgment satisfaction by creditor or execution officer.

(a) The creditor in any judgment before a justice of the peace, receiving satisfaction thereof in any manner other than from
an officer in pursuance of an execution, shall cause satisfaction of such judgment to be entered on the docket thereof within
90 days after receiving the same. Any officer receiving the amount of a judgment after the execution returned, so that the
receipt does not appear by the return, shall, within 90 days after the receipt, cause the same to be entered upon the docket
of the judgment, and of the execution.

(b) Whoever neglects the duty imposed by this section shall forfeit and pay to the debtor in the judgment, or the debtor's
executors, or administrators, any sum not exceeding one half the judgment determined in the case.

Code 1852, § 2176; Code 1915, § 4050; Code 1935, § 4537; 10 Del. C. 1953, § 9574.;

§ 9568. Filing of abstract of execution.

Repealed by 70 Del. Laws, c. 232, § 12, eff. July 14, 1995.

§ 9569. Transfer of judgment to Superior Court; lien on real estate.

(a) Judgments entered into the judgment docket in the Justice of the Peace Courts shall not constitute a lien upon real estate,
but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the
Prothonotary of the Superior Court in any or all of the 3 counties of the State and the Prothonotary shall enter in his or
her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was
recovered, the time from which interest runs and the amount of the costs, with the true date of filing and entry. The Prothonotary,
in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic
means.

(b) A judgment, transferred, as authorized by subsection (a) of this section, shall, from that date, become and be a lien
on all the real estate of the debtor 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 that Court.

(c) If any judgment is lawfully assigned to a joint debtor, or surety, the assignee shall have the benefit of this section.

(d) Once a judgment has been transferred as provided in subsection (a) of this section, the Justice of the Peace Courts shall
retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or
the sale of real estate.

Code 1852, § 2137; Code 1915, § 4033; Code 1935, § 4520; 10 Del. C. 1953, § 9576; 71 Del. Laws, c. 35, §§ 1, 2.;

§ 9570. Right to appeal.

(a) A party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment
is given without a referee trial, and the amount exceeds $5, exclusive of costs.

(b) A plaintiff or defendant, as the case may be, may appeal to the Court of Common Pleas on a judgment given by a justice
of the peace if the judgment is given without a referee trial, and any part of the plaintiff's demand, or the defendant's
counterclaim or setoff, exceeding $5 is disallowed or defalked.

Code 1852, § 2138; 11 Del. Laws, c. 225, § 2; Code 1915, § 4034; Code 1935, § 4521; 10 Del. C. 1953, § 9577; 58 Del. Laws, c. 194, § 7; 69 Del. Laws, c. 423, § 7.;

§ 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 be taken within 15 days of the final order, ruling, decision or judgment.

(d) The Court of Common Pleas shall establish appeal procedures and supersedeas bond requirements by rule.

Code 1852, §§ 2139, 2141; Code 1915, § 4035; 34 Del. Laws, c. 223, § 1; Code 1935, § 4522; 10 Del. C. 1953, § 9578; 54 Del. Laws, c. 242; 65 Del. Laws, c. 40, § 1; 65 Del. Laws, c. 308, § 1; 68 Del. Laws, c. 53, § 4; 69 Del. Laws, c. 423, § 8.;

§ 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 accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have
jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions
commenced in the Court, except as otherwise provided in this section.

(b) In the appeal each party may make demands against the other, and the Court or jury by its or their verdict may find a
sum either for plaintiff, or defendant, but not for an amount exceeding $15,000, exclusive of interest and costs, unless such
party has claimed more than that sum before the justice. Judgment shall be rendered accordingly.

(c) If a judgment is rendered against an appellant, or the appellant's executors or administrators, the Clerk of Court shall
enter judgment against the sureties or their executors or administrators for the amount entered against the appellant, or
the appellant's executors or administrators, and as a part of the same judgment. A judgment so entered shall from that date
become a lien on all of the real estate of the surety in the county, in the same manner and as fully as other judgments rendered
in the Court of Common Pleas are liens, and may be executed and enforced in the same way as other judgments in that Court.

(d) A surety or the surety's executors or administrators shall be entitled to the remedies provided in subchapter II of Chapter
77 of Title 18.

Code 1852, §§ 2142, 2143; 11 Del. Laws, c. 225, § 2; 18 Del. Laws, c. 678, § 1; Code 1915, § 4036; 35 Del. Laws, c. 222; Code 1935, § 4523; 10 Del. C. 1953, § 9580; 55 Del. Laws, c. 297, § 7; 57 Del. Laws, c. 192, § 7; 65 Del. Laws, c. 30, § 2; 67 Del. Laws, c. 426, § 5; 68 Del. Laws, c. 53, § 5; 69 Del. Laws, c. 423, §§ 9, 10; 69 Del. Laws, c. 425, § 5; 70 Del. Laws, c. 186, § 1.;

§ 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, 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.

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.;

§ 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.;

§ 9575. Abatement and dismissal.

Transferred.

§ 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