Huey v. Hendrixen

Superior Court of Delaware

Huey v. Hendrixen

1 Del. 145

DecidedJuly 1, 1833

StatusPublished

This text of 1 Del. 145 (Huey v. Hendrixen) 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

Huey v. Hendrixen, 1 Del. 145 (Del. Ct. App. 1833).

Pincite

Opinion

The Court.

—This is a case of trespass for damages in cutting a road through plff’s. land. The defence is a justification by an order of court authorizing the road to be laid out. The defts. must show that the road is laid out according to the order, to make out their justification. As a mere execution of a warrant to lay down pretensions this plot is not evidence. But the witness may be asked if he has run the land; if the road as opened corresponds with the order; in what respects it varies; and he may use this plot to refresh his memory.

Verdict for the plaintiff $525 00»

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The Court.

—This is a case of trespass for damages in cutting a road through plff’s. land. The defence is a justification by an order of court authorizing the road to be laid out. The defts. must show that the road is laid out according to the order, to make out their justification. As a mere execution of a warrant to lay down pretensions this plot is not evidence. But the witness may be asked if he has run the land; if the road as opened corresponds with the order; in what respects it varies; and he may use this plot to refresh his memory.

Verdict for the plaintiff $525 00»

Cite This Page — Counsel Stack

Bluebook (online)

1 Del. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huey-v-hendrixen-delsuperct-1833.