(a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.
(b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which the said . . . . . . . . . . . . executor (or administrator) is required to become a party.”
(c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases.
Code 1852,
§§
2151, 2152;
Code 1915,
§
4040;
Code 1935,
§
4527;
10 Del. C. 1953,
§
9585;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
State ex rel. Caulk v. Nichols, 281 A.2d 24 (Del. 1971).
· cites it 12× “The relators requested an appeal to the Superior Court without furnishing security as required by 10 Del.C. § 9578 (b). Judge Nichols refused to permit the appeal in the absence of surety on the bond, on the ground that he had no power to waive the bond requirement.”
State ex rel. Caulk v. Nichols, 267 A.2d 610 (Del. Super. Ct. 1970).
· cites it 7× “Title 10 Del.C. § 9578 reads as follows: “(a) An appeal shall be allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it.”
Dzedzej v. Prusinski, 259 A.2d 384 (Del. Super. Ct. 1969).
“Under 10 Del.C. § 9578 an appeal shall be allowed at any time within 15 days after the day of judgment.”
Lecates v. Just. of Peace Court No. 4, 637 F.2d 898 (3d Cir. 1980).
“Whether 10 Del.C. § 9578 which makes a prerequisite for an appeal from a Justice of the Peace Court the *915 posting of a security bond within 15 days in the amount of the judgment and costs denies to indigents the equal protection of the law as guaranteed by the fourteenth…”
Warren Williams Co. v. Giovannozzi, 295 A.2d 587 (Del. Super. Ct. 1972).
“10 Del.C. § 9578(a) reads as follows: “(a) An appeal shall be allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it.”
Imbragulio v. UIAB, No. 196, 2019 (Del. Dec. 4, 2019).
“The statute conferring jurisdiction over an appeal from a judgment of a Justice of the Peace Court—at that time codified at 10 Del. C. § 9578(a)—provided that an appeal could be filed “within 15 days from the day of giving the judgment and not after, counting that day as one.”
10 Del. C. § 9578(a): 3 cases
State ex rel. Caulk v. Nichols, 267 A.2d 610 (Del. Super. Ct. 1970).
“Title 10 Del.C. § 9578 reads as follows: “(a) An appeal shall be allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it.”
Warren Williams Co. v. Giovannozzi, 295 A.2d 587 (Del. Super. Ct. 1972).
“10 Del.C. § 9578(a) reads as follows: “(a) An appeal shall be allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it.”
Imbragulio v. UIAB, No. 196, 2019 (Del. Dec. 4, 2019).
“The statute conferring jurisdiction over an appeal from a judgment of a Justice of the Peace Court—at that time codified at 10 Del. C. § 9578(a)—provided that an appeal could be filed “within 15 days from the day of giving the judgment and not after, counting that day as one.”
10 Del. C. § 9578(b): 2 cases
State ex rel. Caulk v. Nichols, 281 A.2d 24 (Del. 1971).
“The relators requested an appeal to the Superior Court without furnishing security as required by 10 Del.C. § 9578 (b). Judge Nichols refused to permit the appeal in the absence of surety on the bond, on the ground that he had no power to waive the bond requirement.”
State ex rel. Caulk v. Nichols, 267 A.2d 610 (Del. Super. Ct. 1970).
“Title 10 Del.C. § 9578 reads as follows: “(a) An appeal shall be allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it.”
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