§ 9551 — Appeal from proceeding by garnishee

Delaware § 9551

• Jurisdiction: Delaware
• Title: 10
• Part: Justices of the Peace
• Ch. 95: PROCEDURE
• Subch.: Civil Actions for Debt

Text

(a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases.

(b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the name of the garnishee upon special application to the justice in that behalf, upon becoming bound with surety to the satisfaction of the justice for the prosecution of the appeal, etc., as in other cases; in which case the garnishee shall be indemnified for all costs arising upon the appeal.

(c) Any creditor who makes a defense in the original proceedings before the justice shall likewise, before being admitted to defend, give security to the satisfaction of the justice for any legal costs which may be incurred in making such defense in case it proves unsuccessful.

(d) In the prosecution of the appeal in the Court of Common Pleas, any defense which might be made before the justice may be made before the Court.

Legislative History

14 Del. Laws, c. 92, §§ 2, 3 ; Code 1915, § 4024; Code 1935, § 4510; 10 Del. C. 1953, § 9558; 69 Del. Laws, c. 423, § 6 ; 70 Del. Laws, c. 186, § 1