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Long v. Spear

1 Del. Cas. 91 Court Court of Common Pleas. English

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p. 91
DANIEL H. LONG, Administrator of E. Long, v. HENRY SPEAR.
Court of Common Pleas.
April, 1796.
Wilson’s Red Book, 104.

(In their charge.) There is no rule more certain and better established than this, that every plaintiff must have a right to sue at the time of action brought, and here the plaintiff had not.

Notwithstanding, the jury gave a verdict for plaintiff to which defendant agreed not to take exception on my letting him out of jail, for he was surrendered, and paying the costs of this suit.