Hukill v. Page
12 F. Cas. 850 | U.S. Circuit Court for the Northern District of Illnois | 1874
Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.