If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 5101. Defendant or prevailing party in law actions.
§ 5102. Civil actions where defendant resides in another county.
§ 5103. Writs of prohibition or mandamus.
§ 5104. Actions in name of State.
§ 5105. Cases not specially provided for.
§ 5106. Actions in Court of Chancery.
§ 5107. Affirmance of judgment by Supreme Court.
§ 5108. Proceedings out of court.
§ 5109. Cases within jurisdiction of justice of the peace brought in Superior Court.
§ 5110. Appeals from justice of the peace.
§ 5111. Certiorari to justice of the peace.
§ 5112. Bill of costs, time for entry upon docket.
§ 5113. Endorsement on execution process.
§ 5114. Neglect of duties by officers; penalties.
§ 5117. Parentage proceedings.
§ 5119. Perpetuating testimony of boundaries.
§ 5120. Fence viewers' services.