Wilcox v. Webb

It was moved in arrest of judgment, and is assigned for error, that, as this action lay not at common law, but is given by statute (1), the offence should be set forth in the declaration as against the form of the statute; or,, at least, with a general reference to the statute. In support of this position, the plaintiffin error urges the doctrine relative to actions on penal statutes (2). But this doctrine is not applicable. This is not a penal statute; but is in its nature remedial, giving a remedy for a pre-existing moral right. The statute of the 3 & 4 Anne, giving an action on a…