Murden v. Russell

Decided March 8, 1915

Superior Court of Delaware · decided 1915-03-08

Action of Trespass (No. 90, September Term, 1914), brought by Charles M. Murden against William A. Russell to recover damages for an alleged assault, and further for pushing and moving a houseboat (occupied by the plaintiff, he being ill) containing certain personal property of the plaintiff, from the beach, at Lewes, Sussex County, to and into the waters upon which the beach abutted, and for other wrongs to the plaintiff.

Cited by 1 later decisions — most recently December 1941

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1915-03-08

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Boyce, J.,

¶1delivering the opinion of the court:

¶2The replication de injuria is proper when matters in excuse are pleaded; but when justification, or a claim of title or interest in land, is pleaded the replication must be by way of a special traverse.

¶3The demurrer is sustained.