Heard v. Faris

Opinion of the Court.

THIS was an action of debt, brought in the circuit court by Faris, for his own use and that of the *246commonwealth, to recover against Heard the penalty imposed by law, for giving a challenge to fight with deadly weapons.

Statement of the case. A declaration in debt, on the act against duelling, held to be sufficient. The challenge must be stated in the declaration, to have been given in the state of Kentucky.

1. The declaration is as follows, viz.

Scott County and Circuit, Sct.

Moses A. Faris, who sues as well for the commonwealth of Kentucky as for himself, complains of Morgan…