§ 5110 — Appeals from justice of the peace

(a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party’s costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) and (c) of this section.

(b) If a party appealing from a justice of the peace on the special ground of the party’s demand or a part thereof being disallowed, shall not establish a demand exceeding what was allowed to the party before the justice by at least the smallest sum for the disallowance whereof the party had the right of appeal, the party shall not recover his or her costs on the appeal, and shall pay the appellee’s costs on the appeal.

(c) If a party appealing on the ground referred to in subsection (b) of this section establishes a demand exceeding what was allowed to such party before the justice by such smallest sum, then the appellee, although there may be still a sum due to him or her, shall recover no costs on the appeal.

Legislative History

Code 1852, §§ 2532-2534; Code 1915, §§ 4453-4455; Code 1935, §§ 4911-4913; 10 Del. C. 1953, § 5110; 70 Del. Laws, c. 186, § 1