§ 2736 — Execution by levari facias; form

Delaware § 2736

• Jurisdiction: Delaware
• Title: 25
• Part: Mortgages and Other Liens
• Ch. 27: Mechanics’ Liens
• Subch.: Enforcement Before Justice of the Peace

Text

The execution of every judgment entered in the Superior Court upon transcript under the provisions of this subchapter shall be by writ of levari facias in the following form:

“County, ss.:

The State of Delaware.

To the Sheriff of said County, Greeting:

We command you that without any other writ from us, of the following described building and lot of ground, to wit (describing the same according to the record) in your bailiwick, you cause to be levied as well a certain debt of , which lately before one of the justices of the peace for the County aforesaid recovered against to be levied of the said building and lot of ground, as also the interest thereon from the day of A.D. , and also the sum of for the costs which accrued thereon according to the form and effect of an Act of the General Assembly in such cases made and provided, and have you there the moneys before our Judges at , at our Superior Court in and for the County of , there to be held on the day of next, to render unto the said for the debt, interest and costs aforesaid and have you then there this writ.

Witness (as in similar writs).

Legislative History

16 Del. Laws, c. 145 ; 25 Del. Laws, c. 237 ; Code 1915, § 2851; Code 1935, § 3332; 25 Del. C. 1953, § 2736; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 105