Delaware § 367 Failure of defendant to appear; service of judgment before execution

Delaware Statutes

§ 367 — Failure of defendant to appear; service of judgment before execution

Delaware § 367

JurisdictionDelaware

Title10

PartOrganization, Powers, Jurisdiction and Operation of Courts

Ch. 3COURT OF CHANCERY

Subch.Procedure

This text of Delaware § 367 (Failure of defendant to appear; service of judgment before execution) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 367 (2026).

Text

If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the defendant had actually appeared.

If any such defendant is in custody, or within the county, a copy of any judgment, made in the case, shall be served upon the defendant before any process shall issue in execution, or for the performance thereof.

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If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the defendant had actually appeared.

If any such defendant is in custody, or within the county, a copy of any judgment, made in the case, shall be served upon the defendant before any process shall issue in execution, or for the performance thereof.