Delaware Code Title 10 Sec. 367 – Failure of defendant to appear; service of judgment before execution
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If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the defendant had actually appeared.
Terms Used In Delaware Code Title 10 Sec. 367
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Service of process: The service of writs or summonses to the appropriate party.
If any such defendant is in custody, or within the county, a copy of any judgment, made in the case, shall be served upon the defendant before any process shall issue in execution, or for the performance thereof.
Code 1852, §§ ?1939, 1940; Code 1915, § ?3851; Code 1935, § ?4375; 10 Del. C. 1953, § ?367; 70 Del. Laws, c. 186, § ?1;