Delaware § 9572 Proceedings on appeal

Delaware Statutes

§ 9572 — Proceedings on appeal

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

(a)The appellant shall have the appellant’s appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section.

(b)In the appeal each party may make demands against the other, and the Court or jury by its or their verdict may find a sum either for plaintiff, or defendant, but not for an amount exceeding $25,000, exclusive of interest and co

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(a) The appellant shall have the appellant’s appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section.

(b) In the appeal each party may make demands against the other, and the Court or jury by its or their verdict may find a sum either for plaintiff, or defendant, but not for an amount exceeding $25,000, exclusive of interest and costs, unless such party has claimed more than that sum before the justice. Judgment shall be rendered accordingly.

(c) If a judgment is rendered against an appellant, or the appellant’s executors or administrators, the Clerk of Court shall enter judgment against the sureties or their executors or administrators for the amount entered against the appellant, or the appellant’s executors or administrators, and as a part of the same judgment. A judgment so entered shall from that date become a lien on all of the real estate of the surety in the county, in the same manner and as fully as other judgments rendered in the Court of Common Pleas are liens, and may be executed and enforced in the same way as other judgments in that Court.

(d) A surety or the surety’s executors or administrators shall be entitled to the remedies provided in subchapter II of Chapter 77 of Title 18.

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Legislative History

Code 1852, §§ 2142, 2143; 11 Del. Laws, c. 225, § 2 ; 18 Del. Laws, c. 678, § 1 ; Code 1915, § 4036; 35 Del. Laws, c. 222 ; Code 1935, § 4523; 10 Del. C. 1953, § 9580; 55 Del. Laws, c. 297, § 7 ; 57 Del. Laws, c. 192, § 7 ; 65 Del. Laws, c. 30, § 2 ; 67 Del. Laws, c. 426, § 5 ; 68 Del. Laws, c. 53, § 5 ; 69 Del. Laws, c. 423, §§ 9, 10 ; 69 Del. Laws, c. 425, § 5 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 37, § 40