Elliott v. Morgan

Decided July 1, 1841

Superior Court of Delaware · decided 1841-07-01

This was an action of trespass. The record showed a trial by referees, and a report “that the defendant is indebted to the plaintiff I on the above complaint the sum of four dollars: and nine dollars and six cents cost of suit.” The entry of judgment was as follows: “judgment rendered the 26th of December, 1840. M. Tindal;” and the marginal note stated the amount of the judgment and of the costs to be the same as in the report.

Decided 1841-07-01

Per Curiam.

¶1The justice can render no other judgment on the! report of referees than such as is warranted by the report. The in-j ference, therefore, on this entry would be, that the judgment was &cA *317cording to the report; and this inference is confirmed by the marginal entry, which may be resorted to for this purpose. (Moore et al vs. Lunney, ante 28; and Booth vs. Jump, 2 Barr. Rep. 461.) Negro testimony is always received in the courts of our State, in cases between negroes or against a negro. It is not competent to this defendant to object to such testimony; nor does it appear conclusively from the record that the witness, Turner, was in fact examined.

Houston, for exceptant, defendant below.Wootten, for respondent.

¶2Judgment affirmed.