Hukill v. Bailey ( 1834 )

The court sustained the demurrer on the authority of Humphries vs. Webster, ante 34.

The remedy is by action on the case founded on the neglect of duty and consequent statutory liability. Perhaps debt on the statute would lie. Chitty says whenever a statute imposes a penalty, debt will lie. Quere.—Is not this a penalty?

Judgment for demurrant.