Subchapter VIII. Attachment - Delaware Statutes

TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 49. EXECUTIONS

Subchapter VIII. Attachment

§ 5031. Execution attachment.

The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign attachment. The attachment, condemnation, or judgment thereon, shall be pleadable in bar by the garnishee in any action against the garnishee at the suit of the defendant in the attachment. Goods which are perishable, or will create a charge by keeping, may be sold on the order of a judge as in cases of foreign attachment.

Code 1852, § 2472; Code 1915, § 4388; Code 1935, § 4846; 10 Del. C. 1953, § 5031; 70 Del. Laws, c. 186, § 1.;

§ 5032. Answer by garnishee.

The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the same effect as if taken in open court. The garnishee's mileage, in such cases, shall be counted from the garnishee's residence to the office of the person taking the garnishee's affidavit, and endorsed thereon.

16 Del. Laws, c. 539; Code 1915, § 4389; Code 1935, § 4847; 10 Del. C. 1953, § 5032; 70 Del. Laws, c. 186, § 1.;