TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 49. EXECUTIONS

Subchapter XIV. Miscellaneous Provisions


When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated.

Code 1852, § 2498; Code 1915, § 4415; Code 1935, § 4873; 10 Del. C. 1953, § 5091.;

If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment.

Code 1852, § 2499; Code 1915, § 4416; Code 1935, § 4874; 10 Del. C. 1953, § 5092.;

If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer.

Code 1852, § 2500; Code 1915, § 4417; Code 1935, § 4875; 10 Del. C. 1953, § 5093; 70 Del. Laws, c. 186, § 1.;

If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made.

Code 1852, § 2501; Code 1915, § 4418; Code 1935, § 4876; 10 Del. C. 1953, § 5094.;

Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him or her. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property.

72 Del. Laws, c. 78, § 1; 70 Del. Laws, c. 186, § 1.;