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Elijah Dasey, d. b. v. State of Delaware, by complaint of Elijah J. Farlow, p. b.
[460] The Court held that an appeal could be allowed only when the party charged with committing the trespass claimed the ownership of the premises: that as the appeal was improperly allowed, execution could not be issued, but the fine should be collected as provided by Section 21, Chapter 128, Rev. Code; that the fine was a judgment.
Judgment affirmed; execution set aside.