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Walker v. Lamb

Supreme Court of Delaware
Nov 5, 1969
259 A.2d 663 (Del. 1969)


November 5, 1969.

Upon appeal from Chancery Court. Affirmed.

Stephen B. Potter, of Sullivan, Potter Roeberg, Wilmington, for plaintiff below, appellant.

Fletcher E. Campbell, Jr., Deputy Atty. Gen., Wilmington, for defendant below, appellee.

WOLCOTT, C.J., and CAREY and HERRMANN, JJ., sitting.

This is an appeal from the dismissal by the Court of Chancery of an action for a mandatory injunction requiring the return to the appellant of photographs and record of fingerprints taken in a criminal prosecution.

We affirm on the opinion below. See 254 A.2d 265.

The appellant relies upon Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969) and Bynum v. United States, 104 App.D.C. 368, 262 F.2d 465 (1958). Neither of these authorities creates a cause of action such as the appellant seeks to invoke here.

Moreover, the issue is now academic because the appellant has been indicted and the State unquestionably may take the fingerprint record and photographs anew. Equity will not do a useless thing.


Summaries of

Walker v. Lamb

Supreme Court of Delaware
Nov 5, 1969
259 A.2d 663 (Del. 1969)
Case details for

Walker v. Lamb

Case Details

Full title:Irvin Corbitt WALKER, Jr., Plaintiff Below, Appellant, v. Colonel Charles…

Court:Supreme Court of Delaware

Date published: Nov 5, 1969


259 A.2d 663 (Del. 1969)

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