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BAYLY v. BETTS

493 A.2d 302 (1985)

Robert A. BAYLY and A. Gordy Bayly, Defendants-Appellants, v. Kenneth R. BETTS, Plaintiff-Appellee, and the Court of the Justices of the Peace of the State of Delaware, In and For Sussex County, Court No. 17.

Supreme Court of Delaware.

Decided: April 22, 1985.

Attorney(s) appearing for the Case

E. Stephen Callaway, Georgetown, for defendants-appellants.

Richard E. Berl, Jr. of Griffin & Hackett, P.A., Georgetown, for plaintiff-appellee.

Before HERRMANN, C.J., and McNEILLY and HORSEY, JJ.

HORSEY, Justice:

This appeal involves the right of a Justice of the Peace Court judgment creditor to seize and sell personal property of the judgment debtor's surety on an appeal bond following dismissal of the debtor's appeal.

On June 8, 1983, plaintiff Kenneth R. Betts (appellee) was awarded a judgment of $560 and costs against defendant Robert A. Bayly (appellant) following trial of a trespass action in Justice of the Peace Court of the State of Delaware...

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