It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for any debt contracted without the limits of this State. If any such nonresident is so arrested, he or she may apply by petition in writing to any judge of this State, setting forth his or her residence and the state in which the debt was contracted, and the judge, on the production of satisfactory proof that the plaintiff was a nonresident at the time of issuing the process, and also that the petitioner is a nonresident of this State, and that the debt on which the petitioner was arrested was not contracted in this State, shall discharge the petitioner from custody. This section shall not be construed as affecting in any degree the law of attachment.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 31. PROCESS; COMMENCEMENT OF ACTIONS
§ 3101. Date and return of writs commencing actions.
§ 3102. Payment of costs by nonresidents for issuance or execution of writs.
§ 3103. Service and return of summons.
§ 3104. Personal jurisdiction by acts of nonresidents.
§ 3105. Service and return of scire facias.
§ 3106. Service of capias ad respondendum.
§ 3107. Arrest of nonresident on mesne process in suit by nonresident.
§ 3108. Prerequisites for issuance of capias ad respondendum.
§ 3110. Commencement of actions by attachment.