Legal Opinion
Downs v. Jacobs
Supreme Court of Delaware
Decided December 4, 1970PublishedCited by 46 opinions
1Opinion of the Court
HERRMANN, Justice:
In this appeal, we are required to decide whether the plaintiff tenant may recover damages against the defendant landlord and the defendant constable for a distraint for rent claimed to have been wrongful because the Delaware Landlord Distress Law (25 Del.C. §§ 5501-5706) is unconstitutional.
I
The tenant and the landlord became involved in a controversy over the condition of the apartment occupied by the tenant. The tenant informed the landlord of his intention to vacate the premises prior to the expiration of the one year lease. The landlord caused a distraint for unpaid…
2Cases cited25 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Ownbey v. MorganSupreme Court of the United States · 1921
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3Cited by46 opinions
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
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- Presley v. Mississippi State Hwy. Com'nMississippi Supreme Court · 1992
- DeShields v. StateSupreme Court of Delaware · 1987
- Culver v. StateSupreme Court of Delaware · 2008
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