Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person’s own use, institute an action upon such recognizance or bond, and prosecute the same to judgment and execution. Such person may employ an attorney of the court wherein the action is brought, who may, in the complaint and other pleadings, use his or her own name, instead of the name of the Attorney General.

Code 1852, § ?2572; Code 1915, § ?4503; Code 1935, § ?4955; 10 Del. C. 1953, § ?7502; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 10 Sec. 7502

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  Previous section
Next section  
 Chapter 75 Contents