Delaware § 3909 Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve)

Delaware Statutes

§ 3909 — Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve)

Delaware·Title 10·Part Procedure·Ch. 39 PLEADING AND PRACTICE

No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.

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No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.

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