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DOWNS v. JACOBS

272 A.2d 706 (1970)

John E. DOWNS, Plaintiff Below, Appellant, v. Leon JACOBS, a Constable of the State of Delaware, and Page, Incorporated, a Delaware corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

December 4, 1970.

Attorney(s) appearing for the Case

Sheldon N. Sandler, Community Law Service, and L. Vincent Ramunno, Wilmington, for plaintiff below, appellant.

Harvey B. Rubenstein and Abraham Hoffman, Wilmington, for defendants below, appellees.

CAREY and HERRMANN, Justices, and SHORT, Vice Chancellor, sitting.

HERRMANN, Justice:

In this appeal, we are required to decide whether the plaintiff tenant may recover damages against the defendant landlord and the defendant constable for a distraint for rent claimed to have been wrongful because the Delaware Landlord Distress Law (25 Del.C. §§ 5501-5706) is unconstitutional.

I

The tenant and the landlord became involved in a controversy over the condition of...

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