Delaware Code Title 25 Sec. 908 – Procedure upon death of either party
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The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant’s executors or administrators may be made parties by a writ of scire facias.
Code 1852, § ?1763; Code 1915, § ?3330; Code 1935, § ?3795; 25 Del. C. 1953, § ?908; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 25 Sec. 908
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.