Burton v. Killam

Delaware Court of Common Pleas

Burton v. Killam

1 Del. Cas. 387

DecidedNovember 15, 1795

StatusPublished

This text of 1 Del. Cas. 387 (Burton v. Killam) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burton v. Killam, 1 Del. Cas. 387 (Del. Super. Ct. 1795).

Pincite

Opinion

Per Curiam.

Defendant alleges that his plea is ill and therefore that the plaintiff cannot have judgment. This should be a reason why the defendant should not have judgment, but can be no reason why the plaintiff should not. Gilb.C.P. 132. So if the [388]*388replication be ill, if the plea is also ill, plaintiff shall have judgment. 1 Str. 302.

Bayard for plaintiff.

Plaintiff recovered and had judgment.

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Per Curiam.

Defendant alleges that his plea is ill and therefore that the plaintiff cannot have judgment. This should be a reason why the defendant should not have judgment, but can be no reason why the plaintiff should not. Gilb.C.P. 132. So if the [388]*388replication be ill, if the plea is also ill, plaintiff shall have judgment. 1 Str. 302.

Bayard for plaintiff.

Plaintiff recovered and had judgment.

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Bluebook (online)

1 Del. Cas. 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-killam-delctcompl-1795.