Supreme Court of Connecticut June 15, 1843 (Sharp v. Curtiss)

Waite, J.

The plaintiff in error, in the first place, insists, that the declaration is insufficient, for several reasons.

1. It is said, the form of the action is wrong. The statute gives an action on the case, whereas this is an action on the statute. Without doubt, where a statute provides a remedy, and prescribes the form of action, the remedy must be sought in the manner prescribed.