Philadelphia, Wilmington & Baltimore Railroad v. Sharpe
Superior Court of Delaware
Appeal. Action op Assumpsit. The narr consisted of two counts. The first count was for work and labor and the second count for wages.
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Appeal. Action op Assumpsit. The narr consisted of two counts. The first count was for work and labor and the second count for wages. The amount claimed was $50.79. The pleas were, payment, set-off, statute of limitations and a special plea. testified that in June, 1899, he worked in the P., W. & B. R. R. shops, in the City of Wilmington, as boiler maker and received as wages twenty-two cents per hour; that he earned in said employment during the month of June, 1899, the sum of $50.79, after certain deductions had been made for insurance. That not being paid the money he made demand therefor…
1Opinion of the Court
Lobe, C. J.:
Mr. Gray, what have you to say when your record discloses that it was not for board and lodging ?
Mr. Gray:—That simply raises the question in all these cases, as to whether or not the statute exempting wages from attachment is or is not constitutional. If that law is constitutional, we say now, that the respondent, if he has made out his case, should recover, and that our special plea is no defense, but if the law is not constitutional, then it is a complete and valid defense to this action.
We contend that the wages exemption law for Hew Castle County is unconstitutional. First,…
2Cases cited2 opinions
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
3Cited by3 opinions
- Schwander v. Feeney'sSuperior Court of Delaware · 1942
- Hislop v. OrdnerCourt of Appeals of Texas · 1902
- Mills v. Trans Caribbean Airways, Inc.Supreme Court of Delaware · 1970