Peery's Lessee v. Burton — 1 Del. Cas. 363

Majority

p. 363

PEERY’S LESSEE v. BURTON.

Supreme Court. Sussex.

March, 1795.

Bayard’s Notebook, 89.^[1]

The motion was supported by Miller and Peery for the plaintiff and opposed by Bidgely and Bayard for defendant.

In this case there is a demurrer to evidence, which is still depending. The verdict is neither for the plaintiff nor for defendant till demurrer is decided. The verdict is inchoate, and in its present state there cannot be a motion to set it aside. The Court must pass on the-demurrer before the motion can be entertained.

Motion refused.