Armstrong v. Landers

Citations

• 17 Del. 449
• 1 Penne. 449
• 42 A. 617
• 1898 Del. LEXIS 50

Syllabus

<p>Assumpsit—Evidence—Book Entries—Parties Defendant— Non Suit.</p> <p>I. Charges made from day to day as the work was performed are original entries “ regularly and fairly kept,” although in another part of the book there are other entries without any statement as to what they are about. The entries not regularly and fairly made, not made for the purpose of charging the defendant, and not offered in evidence, cannot destroy the validity of that part of the book which is regular.</p> <p>2. Suit being against three parties as road commissioners and it appearing at the trial that two of those persons are no longer commissioners but that in their places two other persons have been elected and are serving, and it also appearing that only one of the present commissioners was such all the time during the performance of the work sued for, a judgment against the persons sued would be nugatory, and a non suit will be entered.</p>