Beeson's Ex'r. v. Beeson's Adm'r

2 Del. 37

Opinion

The Chief Justice

said, the case in Term Reports has been overrul ed again and again. The undoubted principle of the common law is; that you cannot, go beyond the penalty, except a shilling by way of nominal damages; But our act of assembly is conclusive (Digest 78.) All the sections of this law proceed on the same principle, that judgment shall be for the penalty and Costs-.

Hamilton and Booth for plaintiff J. A Bayard for defendant-.

Buie absolute;