Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.

11 Del. Laws, c. 621, § ?56; Code 1915, § ?4474; Code 1935, § ?4926; 10 Del. C. 1953, § ?5123;

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Terms Used In Delaware Code Title 10 Sec. 5122

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts