Aspin v. Cornell

Superior Court of Delaware

Aspin v. Cornell

50 A. 63, 19 Del. 33, 3 Penne. 33, 1900 Del. LEXIS 49

CourtSuperior Court of Delaware

DecidedNovember 27, 1900

DocketAction on the Case No. 116

StatusPublished

This text of 50 A. 63 (Aspin v. Cornell) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aspin v. Cornell, 50 A. 63, 19 Del. 33, 3 Penne. 33, 1900 Del. LEXIS 49 (Del. Ct. App. 1900).

Pincite

Opinion

Mr. Brmghurst thereupon asked that a juror be withdrawn and that the plaintiff have leave to amend her declaration in conformity with the above facts.

Lore, C. J.:

We decline to withdraw a juror and amend the declaration. The case does not present such facts as would warrant us in granting your application.

The allegations of the declaration go to the damage of the persons in possession of the premises only, while the evidence shows the plaintiff not to be in possession of any part of the premises.

On the application of plaintiff’s counsel, the case is discontinued.

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Mr. Brmghurst thereupon asked that a juror be withdrawn and that the plaintiff have leave to amend her declaration in conformity with the above facts.

Lore, C. J.:

We decline to withdraw a juror and amend the declaration. The case does not present such facts as would warrant us in granting your application.

The allegations of the declaration go to the damage of the persons in possession of the premises only, while the evidence shows the plaintiff not to be in possession of any part of the premises.

On the application of plaintiff’s counsel, the case is discontinued.

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Bluebook (online)

50 A. 63, 19 Del. 33, 3 Penne. 33, 1900 Del. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aspin-v-cornell-delsuperct-1900.