¶1The 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.
8 Del. 128
Dougherty v. Thompson
Decided July 1, 1865
Superior Court of Delaware · decided 1865-07-01
Certiorari. The record showed that the cause of action and demand of the plaintiff against the defendant, was for $98.00 due and payable to the former as landlord out of the proceeds of the sale of the goods of a tenant of his, then in the hands of the- defendant who had seized, levied upon and sold them on the demised premises as a constable of the county on an execution at the suit of another against the tenant.
Decided 1865-07-01