Marley v. Duff

Citations

• 25 Del. 312
• 2 Boyce 312

Syllabus

<p>Pleading — Declaration—Uncertainty—Demurrer.</p> <p>A declaration which alleges that defendant maliciously and unlawfully without a warrant, and without any reasonable cause, procured the arrest of plaintiff near midnight in his own house, is demurrable, because it is uncertain whether the cause of action is in trespass or in case.</p>