Delaware Code Title 10 Sec. 9570 – Right to appeal
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(a) A party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment is given without a referee trial, and the amount exceeds $5.00, exclusive of costs.
Terms Used In Delaware Code Title 10 Sec. 9570
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A plaintiff or defendant, as the case may be, may appeal to the Court of Common Pleas on a judgment given by a justice of the peace if the judgment is given without a referee trial, and any part of the plaintiff’s demand, or the defendant’s counterclaim or setoff, exceeding $5.00 is disallowed or defalked.
Code 1852, § ?2138; 11 Del. Laws, c. 225, § ?2; Code 1915, § ?4034; Code 1935, § ?4521; 10 Del. C. 1953, § ?9577; 58 Del. Laws, c. 194, § ?7; 69 Del. Laws, c. 423, § ?7;