Hodge v. . R. R.

The defendant failed to make the annual report to the Governor required by the statute (The Code, sec. 1959) for the year ending 30 September, 1888. The relator brought this action in the name of the State to recover the penalty of $500 prescribed and allowed by the statute (The Code, sec. 1960) in case of such failure.

The defendant demurred to the complaint, and assigned as grounds of demurrer:

"1. That said complaint does not state facts sufficient to constitute a cause of action, in this: That upon the facts herein stated, no cause of action hath accrued to the said W. T. Hodge under the…