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1 Del. 136

Griffith v. Johnson

Superior Court of Delaware

Decided July 1, 1833

Superior Court of Delaware · decided 1833-07-01

Issue from the Orphans’ Court. The issue was to enquire and ascertain whether the sum of $438 64 Mrs. Griffith’s share of the balance due from Joseph Sudler the executor of Nathan Willey to the said James Johnson as guardian of the said Elizabeth Griffith “was lost by the wilful default or negligence of James Johnson the late guardian of the said Elizabeth” or whether any part, &c., was so lost.

Decided 1833-07-01

The Court

¶1rejected the evidence, but remarked if these abstracts were objected to it would be productive of much unnecessary expense in furnishing copies. This was admitted but it was said that it must be left as heretofore to the agreement of the parties. Cases might occur where great injustice would be done by the production of these short memorandums if as a general rule they were regarded as competent evidence.

¶2The case went on to the jury who finally found a verdict in the negative of the issue.

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