Superior Court of Delaware, 1834

Hukill v. Bailey

Superior Court of Delaware · Decided July 5, 1834

1 Del. 448

Counsel

Booth, for plff., Read, Jr. for deft , Note. This was before the supplement (8 vol. 265,) which gives jurisdiction to the justices of the peace.

Opinion of the Court

The court sustained the demurrer on the authority of Humphries vs. Webster, ante 34.

The remedy is by action on the case founded on the neglect of duty and consequent statutory liability. Perhaps debt on the statute would lie. Chitty says whenever a statute imposes a penalty, debt will lie. Quere.—Is not this a penalty?

Judgment for demurrant.

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