Aspin v. Cornell

Decided November 27, 1900

Superior Court of Delaware · decided 1900-11-27

The defendant was unrepresented by counsel at the trial— Henry C. Conrad having withdrawn as counsel. for damages to certain real estate, the title to which was in the plaintiff, said real estate being in the possession of tenants.

Decided 1900-11-27

¶1Mr. Brmghurst thereupon asked that a juror be withdrawn and that the plaintiff have leave to amend her declaration in conformity with the above facts.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.:

¶2We decline to withdraw a juror and amend the declaration. The case does not present such facts as would warrant us in granting your application.

¶3The 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.

¶4On the application of plaintiff’s counsel, the case is discontinued.