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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 49. EXECUTIONS
Subchapter XIV. Miscellaneous Provisions

(Code 1852, Sec. 2501; Code 1915, Sec. 4418; Code 1935, Sec. 4876; 10 Del. C. 1953, Sec. 5094.) (5005)

Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property. (5006)

(72 Del. Laws, c. 78, Sec. 1.) (5007)

Courts and Judicial Procedure Procedure (5008)

CHAPTER 51. COSTS (5009)(Text)

Sec. 5101. Defendant or prevailing party in law actions. (5010)(Text)

In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court. (5011)

(Code 1852, Sec. 2525; Code 1915, Sec. 4444; Code 1935, Sec. 4902; 10 Del. C. 1953, Sec. 5101.) (5012)

Sec. 5102. Civil actions where defendant resides in another county. (5013)(Text)

Except where a plaintiff sues a citizen who resides within the city limits of Milford or within 3 miles of said limits and the suit is filed in Justice of the Peace Court No. 5 in Milford, wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizen resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process. (5014)

(17 Del. Laws, c. 623, Sec. 1; Code 1915, Sec. 4445; Code 1935, Sec. 4903; 10 Del. C. 1953, Sec. 5102; 64 Del. Laws, c. 274, Sec. 1; 65 Del. Laws, c. 42, Sec. 2; 70 Del. Laws, c. 186, Sec. 1.) (5015)

Sec. 5103. Writs of prohibition or mandamus. (5016)(Text)

In all cases of writs of prohibition or of writs of mandamus, the costs of each case shall be taxed by the court having jurisdiction of the cause, as it deems equitable and just. (5017)

(21 Del. Laws, c. 306; Code 1915, Sec. 4446; Code 1935, Sec. 4904; 10 Del. C. 1953, Sec. 5103.) (5018)

Sec. 5104. Actions in name of State. (5019)(Text)

If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation. (5020)

(Code 1852, Sec. 2526; Code 1915, Sec. 4447; Code 1935, Sec. 4905; 10 Del. C. 1953, Sec. 5104.) (5021)

Sec. 5105. Cases not specially provided for. (5022)(Text)

Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper. (5023)

(Code 1852, Sec. 2527; Code 1915, Sec. 4448; Code 1935, Sec. 4906; 10 Del. C. 1953, Sec. 5105.) (5024)

Sec. 5106. Actions in Court of Chancery. (5025)(Text)

The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity. (5026)

(Code 1852, Sec. 2528; Code 1915, Sec. 4449; Code 1935, Sec. 4907; 10 Del. C. 1953, Sec. 5106.) (5027)

Sec. 5107. Affirmance of judgment by Supreme Court. (5028)(Text)

Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be stated accordingly in the process and pleadings. (5029)

(Code 1852, Sec. 2529; Code 1915, Sec. 4450; Code 1935, Sec. 4908; 10 Del. C. 1953, Sec. 5107; 70 Del. Laws, c. 186, Sec. 1.) (5030)

Sec. 5108. Proceedings out of court. (5031)(Text)

In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in proceedings before a justice of the peace. The judge, Chancellor, or Vice-Chancellor may make such order for the payment thereof as he or she considers just, and enforce obedience by attachment. (5032)

(Code 1852, Sec. 2530; Code 1915, Sec. 4451; Code 1935, Sec. 4909; 10 Del. C. 1953, Sec. 5108; 70 Del. Laws, c. 186, Sec. 1.) (5033)

Sec. 5109. Cases within jurisdiction of justice of the peace brought in Superior Court. (5034)(Text)

If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under Sec. 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the Prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50. (5035)

(Code 1852, Sec. 2531; Code 1915, Sec. 4452; Code 1935, Sec. 4910; 10 Del. C. 1953, Sec. 5109; 70 Del. Laws, c. 186, Sec. 1.) (5036)

Sec. 5110. Appeals from justice of the peace. (5037)(Text)

(a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party's costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) and (c) of this section. (5038)

(b) If a party appealing from a justice of the peace on the special ground of the party's demand or a part thereof being disallowed, shall not establish a demand exceeding what was allowed to the party before the justice by at least the smallest sum for the disallowance whereof the party had the right of appeal, the party shall not recover his or her costs on the appeal, and shall pay the appellee's costs on the appeal. (5039)

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