Immediately upon the filing of any claim under this subchapter, the justice of the peace with whom the claim is filed shall issue a summons, as in other civil cases, to the owner and contractor, directed to any constable of the county. The time for the defendant‘s appearance shall not be more than 3 days from the date of the summons, and not more than 2 adjournments shall be had and then only from day to day. If the defendant fails to appear at the time appointed or if after a hearing the justice is satisfied of the correctness of the claim, the justice shall give judgment as in other cases and, upon the payment of cost and a demand for the transcript, the justice shall furnish such transcript.

16 Del. Laws, c. 145; 19 Del. Laws, c. 263; 19 Del. Laws, c. 264; Code 1915, § ?2850; Code 1935, § ?3331; 25 Del. C. 1953, § ?2734; 70 Del. Laws, c. 186, § ?1; 84 Del. Laws, c. 42, § 103;

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Terms Used In Delaware Code Title 25 Sec. 2734

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.