§ 5053 — Motion denying fraud; disposition

The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney, investigate the specifications of fraud in an affidavit made under § 5052 of this title; and, upon such investigation, may discharge the movant from imprisonment, or the movant for trial not later than the next term of the court of the county wherein the process issued, upon a denial, in the motion, of the specifications of fraud, or may make such order in the premises as the court deems just and proper.

In the Superior Court, the trial referred to in this section shall be by the Court unless a trial by jury is demanded by the movant.

Legislative History

Code 1852, § 2482; 11 Del. Laws, c. 505 ; Code 1915, § 4397; Code 1935, § 4855; 10 Del. C. 1953, § 5053; 70 Del. Laws, c. 186, § 1