Delaware § 3911 Recognizance of plaintiff upon interpleader

Delaware Statutes

§ 3911 — Recognizance of plaintiff upon interpleader

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

If the process issued upon an order under § 3910 of this title to interplead is not served, or personal notice thereof is not given to the third person referred to in such section, the court may, upon giving judgment for the plaintiff, require the plaintiff to enter into a recognizance, and if it deems necessary, with sufficient surety, to interplead with such third person if afterwards, and before the expiration of the time which would be allowed to the plaintiff to prosecute his or her claim against the defendant, such third person should appear in the court and claim the money, or the goods or chattels, or the value thereof.

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If the process issued upon an order under § 3910 of this title to interplead is not served, or personal notice thereof is not given to the third person referred to in such section, the court may, upon giving judgment for the plaintiff, require the plaintiff to enter into a recognizance, and if it deems necessary, with sufficient surety, to interplead with such third person if afterwards, and before the expiration of the time which would be allowed to the plaintiff to prosecute his or her claim against the defendant, such third person should appear in the court and claim the money, or the goods or chattels, or the value thereof.

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