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MAYOR AND COUNCIL OF WILMINGTON v. DURHAM

147 A.2d 516 (1958)

MAYOR AND COUNCIL OF WILMINGTON, a municipal corporation of the State of Delaware, Plaintiff, v. Davis G. DURHAM, Defendant.

Superior Court of Delaware, New Castle.

December 29, 1958.

Attorney(s) appearing for the Case

Stewart Lynch, City Solicitor, Wilmington, for plaintiff.

Howard L. Williams and Edmund D. Lyons, Wilmington, for defendant.

CHRISTIE, Judge.

By a civil action the Mayor and Council of Wilmington (herein called Wilmington or the City) seek to recover license fees for the years 1944 through 1957 which are alleged to be due from defendant, a practicing physician. Defendant moves to dismiss the complaint on the ground that the City is not authorized by law to bring a civil action to collect unpaid license fees.

There is no applicable ordinance...

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