Delaware § 9574 Abatement and dismissal

Delaware Statutes

§ 9574 — Abatement and dismissal

Delaware § 9574

JurisdictionDelaware

Title10

PartJustices of the Peace

Ch. 95PROCEDURE

Subch.Civil Actions for Debt

This text of Delaware § 9574 (Abatement and dismissal) 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, § 9574 (2026).

Text

(a)If an appellant does not duly enter the appellant’s appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary’s certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the justice of the peace shall strike off the appeal.

(b)If after entering an appeal, the appellant neglects to prosecute it, or fails to comply with any rule, or makes other default, so that in a like case, in any other suit in Court, a nonsuit, non pros., or judgment by default would be entered, the Court shall dismiss the appeal, and remit the record to the justice, and give judgment for the respondent for costs; whereupon the justice shall strike off the appeal.

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(a) If an appellant does not duly enter the appellant’s appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary’s certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the justice of the peace shall strike off the appeal.

(b) If after entering an appeal, the appellant neglects to prosecute it, or fails to comply with any rule, or makes other default, so that in a like case, in any other suit in Court, a nonsuit, non pros., or judgment by default would be entered, the Court shall dismiss the appeal, and remit the record to the justice, and give judgment for the respondent for costs; whereupon the justice shall strike off the appeal.

Legislative History

Code 1852, § 2144; 11 Del. Laws, c. 225, § 2 ; Code 1915, § 4037; 34 Del. Laws, c. 223, § 3 ; Code 1935, § 4524; 10 Del. C. 1953, § 9582; 68 Del. Laws, c. 53, § 5 ; 69 Del. Laws, c. 423, § 11 ; 70 Del. Laws, c. 186, § 1