Del. Code 25, § 2716 : Property — Mechanics' Liens — Enforcement In Superior Court — Default judgment; affidavit of defense

Current through 2016 Legislative Session, Act 399

Judgment by default may be entered for the plaintiff at such time and in the manner prescribed by the rules of the Superior Court, unless the defendant has previously filed in the cause an affidavit that the defendant verily believes there is a legal defense to the whole or part of such cause of action and setting forth the nature and character of the defense. If the defense is to a part only, then the defendant shall specify the sum really due, and judgment may be entered for the plaintiff at the plaintiff's own election for the sum acknowledged to be due. If judgment is not so entered by default, then like proceedings shall be had as in other cases of scire facias.

Del. C. § 2716
16 Del. Laws, c. 145, § 2; Code 1915, § 2844; 30 Del. Laws, c. 194; Code 1935, § 3325; 25 Del. C. 1953, § 2716; 70 Del. Laws, c. 186, § 1.;

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