Superior Court of Delaware, 1865

Dougherty v. Thompson

Dougherty v. Thompson
Superior Court of Delaware · Decided July 1, 1865
8 Del. 128

Counsel

Gordon, for the plaintiff in error. , D. M. Bates, for the defendant in error,

Dougherty v. Thompson

Opinion of the Court

By the Court.

The case before the justice was in the nature of an action of indebitatus assumpsit founded on the legal liability and the consequent implied promise and undertaking of the constable under the facts and circumstances of the case to pay such a demand, and in such a case such an action will lie before a justice of the peace. In this ease the justice of the peace had jurisdiction, and the judgment below must therefore be affirmed.

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