§ 2734 — Summons; judgment; transcript

Immediately upon the filing of any claim under this subchapter, the justice of the peace with whom the claim is filed shall issue a summons, as in other civil cases, to the owner and contractor, directed to any constable of the county. The time for the defendant’s appearance shall not be more than 3 days from the date of the summons, and not more than 2 adjournments shall be had and then only from day to day. If the defendant fails to appear at the time appointed or if after a hearing the justice is satisfied of the correctness of the claim, the justice shall give judgment as in other cases and, upon the payment of cost and a demand for the transcript, the justice shall furnish such transcript.

Legislative History

16 Del. Laws, c. 145 ; 19 Del. Laws, c. 263 ; 19 Del. Laws, c. 264 ; Code 1915, § 2850; Code 1935, § 3331; 25 Del. C. 1953, § 2734; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 103