§ 9574 — Abatement and dismissal

(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