Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 8747
Trial
Where property of the defendant has been attached and an affidavit has been filed by the defendant, the Superior Court or the Court of Common Pleas or the justice of the peace (as the case may be), shall proceed to direct an issue to be tried by a jury at the bar of the Superior Court or by a reference to 3 judicious and impartial citizens before the Court of Common Pleas to be appointed by the Court or before the justice of the peace to be appointed by the justice of the peace (as the case may be) for ascertaining whether there is a just demand and the amount thereof, and their verdict or finding shall be final and conclusive.
Amendment history
40 Del. Laws, c. 135, § 1
Source: view the official text
In this title (40 sections)
- 9-8711 · Attachment of wages
- 9-8721 · Monition method established
- 9-8722 · Praecipe; judgment; monition
- 9-8723 · Form of monition
- 9-8724 · Posting of monition; sheriff’s return; alias or pluries…
- 9-8725 · Issuance and form of writ of venditioni exponas
- 9-8726 · Sales subject to approval of Department of Finance or Chief…
- 9-8727 · Title of property sold
- 9-8728 · Petition by purchasers for deed of conveyance
- 9-8729 · Redemption by owner
- 9-8730 · Petition by owner after redemption for entry on judgment record
- 9-8731 · Regularity of proceedings under venditioni exponas
- 9-8732 · No proceedings unless tax is a lien upon property;…
- 9-8733 · Fees and costs
- 9-8741 · Legal proceedings to collect unpaid taxes
- 9-8742 · Where attachment proceedings brought
- 9-8743 · Affidavit and writ of attachment
- 9-8744 · Notice of attachment to defendant
- 9-8745 · Affidavit of defense; time limit
- 9-8746 · Judgment for want of an affidavit of defense
- 9-8747 · Trial
- 9-8748 · Discharge of property or garnishee upon posting bond
- 9-8749 · Judgment and sale of property
- 9-8750 · Notice of order to sell to lienholders of real estate
- 9-8751 · Return of residue to defendant
- 9-8752 · Exemption laws do not apply; those liable as garnishee
- 9-8753 · Purchase at Sheriff’s Sale by agent of County
- 9-8754 · Proceedings to collect taxes where delay may lose benefit of…
- 9-8755 · Penalty for removing attached property from County
- 9-8756 · Procedure upon failure of bonded defendant to pay judgment
- 9-8757 · Procedure to confirm or set aside sale; second sale
- 9-8758 · Redemption of real estate by owner after sale
- 9-8759 · Owner’s petition and rights after redemption
- 9-8760 · Right of redemption by lienholder
- 9-8761 · Procedure to obtain deed
- 9-8771 · Sale of land; notice; certificate
- 9-8772 · Public notice of sale
- 9-8773 · Return of sale; deed upon approval of sale
- 9-8774 · Adjustment of tax sale proceedings upon change of office of…
- 9-8775 · Death of purchaser at tax sale