§ 9590 — Delivery of goods to constable; defense of garnishee; liability of constable

Delaware § 9590

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

Text

(a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in the same way as if the garnishee, at the time the attachment was laid, had delivered the property, or paid the money to the defendant in the attachment.

(b) The constable, to whom any goods or effects are, upon any attachment, delivered, and the constable’s sureties, shall be liable, on his or her official bond, for the safe keeping of such goods or effects. The constable shall make certain that the goods or effects are taken in execution upon judgment being rendered against the defendant, or are restored to the owner, if no such judgment is rendered. The constable shall account for all money arising from the sale of any such goods or effects, and shall pay the same to the persons entitled.

Legislative History

Code 1852, §§ 2174, 2175; Code 1915, § 4049; Code 1935, § 4536; 10 Del. C. 1953, § 9598; 70 Del. Laws, c. 186, § 1