§ 9544 — Six months stay of execution

(a) Upon every judgment given by the Court against a freeholder of the county, for a sum exceeding $5.00, besides costs, there shall, upon the application of the defendant within 5 days thereafter, be a stay of execution for 6 months, unless a creditor in the judgment, or other credible person, makes and files an affidavit before the justice “that he or she has good ground to apprehend and does verily believe that if the stay of execution be allowed, the sum due by the judgment will be lost”; upon which execution may forthwith issue.

(b) If any of several defendants in such judgment is a freeholder of the county, the provisions of subsection (a) of this section shall apply.

Legislative History

Code 1852, § 2103; 12 Del. Laws, c. 22 ; Code 1915, § 4021; Code 1935, § 4507; 10 Del. C. 1953, § 9551; 69 Del. Laws, c. 429, § 9 ; 70 Del. Laws, c. 186, § 1