Dougherty v. Thompson

Superior Court of Delaware

Dougherty v. Thompson

8 Del. 128

DecidedJuly 1, 1865

StatusPublished

This text of 8 Del. 128 (Dougherty v. Thompson) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dougherty v. Thompson, 8 Del. 128 (Del. Ct. App. 1865).

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Opinion

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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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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Bluebook (online)

8 Del. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dougherty-v-thompson-delsuperct-1865.