§ 9543 — Setting aside judgment on warrant of attorney

(a) If any defendant in a judgment on warrant of attorney, or attorney’s executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases.

(b) The judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination against such obligation, or warrant.

(c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless the defendant gives sufficient security to pay the plaintiff the sum justly due.

(d) The security shall be entered as follows:

“On the day of A.D. 20 , A. B. (and C. D., if two) became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs) in this action.”

(e) Upon the entry of security being made and signed, the judgment and execution shall be set aside.

Legislative History

Code 1852, § 2102; Code 1915, § 4020; Code 1935, § 4506; 10 Del. C. 1953, § 9549; 70 Del. Laws, c. 186, § 1