Legal Opinion
Lecates v. JUSTICE OF PEACE CT. NO. 4, ETC.
District Court, D. Delaware
Decided December 23, 1976No. Civ. A. 76-295PublishedCited by 2 opinions
1Opinion of the Court
STAPLETON, District Judge:
This is an action brought pursuant to 42 U.S.C. § 1983 which challenges the constitutionality of 10 Del.C. § 9571(b) and § 9572. These provisions of the Delaware Code require a losing defendant in an action brought in a Justice of the Peace Court to post a surety bond within fifteen days of judgment in order to appeal for a trial de novo in the Superior Court.
The complaint alleges that, on May 26, 1976, Sussex Trust Company instituted a debt action against Lecates, the plaintiff here, in Justice of the Peace Court No. 4. Sussex sought a $1,500 deficiency judgment…
2Cases cited19 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Monroe v. PapeSupreme Court of the United States · 1961
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Joseph S. George, Jr. And Ricky D. Jackson v. Robert Parratt, Warden, Nebraska Penal ComplexCourt of Appeals for the Eighth Circuit · 1979
- Cristiano v. Courts of the Justices of the PeaceDistrict Court, D. Delaware · 1987