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

55 A. 1118, 19 Del. 67, 3 Penne. 67, 1900 Del. LEXIS 55

Opinion

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.