Delaware § 5109 Cases within jurisdiction of justice of the peace brought in Superior Court

Delaware Statutes

§ 5109 — Cases within jurisdiction of justice of the peace brought in Superior Court

Delaware § 5109

Title10

PartProcedure

Ch. 51COSTS

This text of Delaware § 5109 (Cases within jurisdiction of justice of the peace brought in Superior Court) 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, § 5109 (2026).

Text

If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.

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If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.