Daisey v. Hudson

Superior Court of Delaware

Daisey v. Hudson

5 Del. 320

DecidedJuly 1, 1851

StatusPublished

This text of 5 Del. 320 (Daisey v. Hudson) 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

Daisey v. Hudson, 5 Del. 320 (Del. Ct. App. 1851).

Pincite

Opinion

Chief Justice Booth charged the jury:—that the action being for a trespass to real property, it could be maintained only by a person in the actual and immediate possession of the premises at the time the trespass was committed. The action is for an injury to the possession; and the form of remedy is not merely arbitrary, but necessarily arising from the nature of the injury.

Verdict for defendant.

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Chief Justice Booth charged the jury:—that the action being for a trespass to real property, it could be maintained only by a person in the actual and immediate possession of the premises at the time the trespass was committed. The action is for an injury to the possession; and the form of remedy is not merely arbitrary, but necessarily arising from the nature of the injury.

Verdict for defendant.

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Bluebook (online)

5 Del. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daisey-v-hudson-delsuperct-1851.