Goto previous pageGoto next page
pg. 153

Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 47. JUDGMENTS
Subchapter III. Satisfaction of Judgments

(14 Del. Laws, c. 559, Sec. 2; Code 1915, Sec. 4311; Code 1935, Sec. 4783; 10 Del. C. 1953, Sec. 4757; 70 Del. Laws, c. 186, Sec. 1.) (4296)

If any Prothonotary or sheriff refuses or neglects to perform any of the duties enjoined upon such officer by Sec.Sec. 4755-4757 of this title, he or she shall be liable in damages to any person, injured by such default, in a civil action. Such default shall also be a breach of such officer's official obligation or recognizance, as the case may be. (4297)

(Code 1852, Sec. 2415; Code 1915, Sec. 4312; Code 1935, Sec. 4784; 10 Del. C. 1953, Sec. 4758; 70 Del. Laws, c. 186, Sec. 1.) (4298)

Where judgments are liens upon real estate and the same have been paid, and the obligee or plaintiff or his or her executors, administrators or assigns refuses or neglects to enter satisfaction of such judgment on the record thereof in the office where the same is entered, such satisfaction of such judgment may be compelled or be ordered to be entered on the record according to the provisions of Sec. 2115 of Title 25. (4299)

(22 Del. Laws, c. 211, Sec. 1; Code 1915, Sec. 4313; Code 1935, Sec. 4785; 10 Del. C. 1953, Sec. 4759; 70 Del. Laws, c. 186, Sec. 1.) (4300)

(a) Any nonresident person to whom a sum is due by judgment, shall appear at the office where such judgment is recorded, within 30 days after a notice has been given to the person to whom the sum is due, by the person owing such sum by judgment, to receive satisfaction, and at the same time enter satisfaction on the record of such judgment. If the nonresident neglects or refuses to appear in person or by power of attorney within the time specified, then the person owing the sum by such judgment may deposit the amount due upon such judgment, in any state or national bank having its principal place of business in the State, subject to the order of such nonresident. The cashier of the bank shall give to the depositor a certificate stating the amount deposited in the name of the nonresident and upon the presentation of this certificate, at the office where such judgment is recorded, the officer in charge of such office shall enter full satisfaction upon the record, and shall write upon the record the manner in which the judgment is satisfied, and shall retain the certificate or a duplicate of the same in the office. (4301)

(b) A notice, by mail or by person, to a nonresident creditor shall be deemed and taken as sufficient notice. This section, however, shall not bar any nonresident from correcting any errors or omissions in any payments due to such nonresident by suit or otherwise. (4302)

(15 Del. Laws, c. 475; Code 1915, Sec. 4314; Code 1935, Sec. 4786; 10 Del. C. 1953, Sec. 4760; 63 Del. Laws, c. 142, Sec. 27; 70 Del. Laws, c. 186, Sec. 1.) (4303)

Courts and Judicial Procedure Procedure (4304)

Subchapter IV. Judgments Against Executors and Administrators (4305)(Text)

Sec. 4771. Report of referees; conclusiveness as to assets. (4306)(Text)

Judgment against an executor or administrator, upon the report of referees, shall not be conclusive that he or she has assets, unless it is expressly found by the report that he or she has assets. (4307)

(Code 1852, Sec. 2416; Code 1915, Sec. 4315; Code 1935, Sec. 4787; 10 Del. C. 1953, Sec. 4771; 70 Del. Laws, c. 186, Sec. 1.) (4308)

Sec. 4772. Decedent's real estate as bound. (4309)(Text)

The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased's executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them. (4310)

(Code 1852, Sec. 2417; Code 1915, Sec. 4316; Code 1935, Sec. 4788; 10 Del. C. 1953, Sec. 4772; 70 Del. Laws, c. 186, Sec. 1.) (4311)

Sec. 4773. Application by plaintiff for rule of reference. (4312)(Text)

If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under Sec. 4772 of this title may be made by the Court upon the application of the plaintiff only. (4313)

(Code 1852, Sec. 2418; Code 1915, Sec. 4317; Code 1935, Sec. 4789; 10 Del. C. 1953, Sec. 4773.) (4314)

Sec. 4774. Notice of meeting of referees. (4315)(Text)

When a rule of reference is entered by the Court upon the application of the plaintiff only, at least 10 days' notice of the meeting of the referees shall be required. (4316)

(Code 1852, Sec. 2419; Code 1915, Sec. 4318; Code 1935, Sec. 4790; 10 Del. C. 1953, Sec. 4774.) (4317)

Sec. 4775. Rule of reference after judgment by default or upon motion. (4318)(Text)

A rule of reference may be entered after a judgment by default or after a judgment for plaintiff upon a motion, as well as before judgment. Although it be entered after judgment, nevertheless judgment shall be rendered on the report made pursuant thereto, and such judgment on the report shall be regular, notwithstanding the previous judgment. (4319)

(Code 1852, Sec. 2420; Code 1915, Sec. 4319; Code 1935, Sec. 4791; 10 Del. C. 1953, Sec. 4775.) (4320)

Judgment against an executor or administrator, upon the report of referees, shall not be conclusive that he or she has assets, unless it is expressly found by the report that he or she has assets. (4321)

(Code 1852, Sec. 2416; Code 1915, Sec. 4315; Code 1935, Sec. 4787; 10 Del. C. 1953, Sec. 4771; 70 Del. Laws, c. 186, Sec. 1.) (4322)

The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased's executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them. (4323)

Goto previous page153Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.