Collins v. Bilderback
Superior Court of Delaware
This was an action on the case, under the statute of 1826, [Digest 291,] against a steamboat captain, for carrying a slave out of the State. The declaration contained several counts, two of which were as follows:— ■. In the Superior Court, October Term, 1847. Kent county, ss.
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This was an action on the case, under the statute of 1826, [Digest 291,] against a steamboat captain, for carrying a slave out of the State. The declaration contained several counts, two of which were as follows:— ■. In the Superior Court, October Term, 1847. Kent county, ss. John M. Collins, the plaintiff, by Willard Saulsbury, his attorney, complains of Charles Bilderback, the defends nt, of a plea of trespass on the case:—For that, whereas, the said plaintiff, before and at the time of committing the grievance by said defendant in this count hereafter mentioned, was a citizen and…
1Opinion of the Court
The Court
refused to strike out, conceding that matter amounting
to the general issue could not be pleaded with the general issue in an action on the case. The court said these special pleas were matter of excuse or justification, and might be pleaded with the general'issue. [Gould’s Plead. 346.] In actions on the case arising ex delicto, matters which go in avoidance of the action have to a considerable extent been admitted in evidence under the general issue. “ It is difficult to discover any precise principle by which this practice may be justified, or any definite rule by which to limit its…
2Cases cited4 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- O'Brien v. Wilmington Provision Co.Superior Court of Delaware · 1929
- Stuckert v. CannSuperior Court of Delaware · 1920
- Ex parte SimmonsU.S. Circuit Court for the District of Eastern Pennsylvania · 1823