Superior Court of Delaware, 1900

George W. Emory & Co. v. Commissioners of the Town of Laurel

George W. Emory & Co. v. Commissioners of the Town of Laurel
Superior Court of Delaware · Decided April 6, 1900 · Lore
19 Del. 67; 3 Penne. 67; 55 A. 1118; 1900 Del. LEXIS 55

Counsel

Woodburn Martin for plaintiffs., James U. Hughes for defendants., Mr. Hughes:

George W. Emory & Co. v. Commissioners of the Town of Laurel

Opinion of the Court

Lore, C. J.:

We refuse judgment. This is not the ascertainment of the amount of the liability on the part of a municipal corporation for its own debt, but it is the special condemnation of the particular piece of property in execution, a proceeding in rem, as it were. It is sought here to extend the remedy to municipal property. This the courts will not do, unless it is expressly provided for in the statute.

Judgment refused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.