Aspin v. Cornell

Citations

• 19 Del. 33
• 3 Penne. 33
• 50 A. 63
• 1900 Del. LEXIS 49

Syllabus

<p>Case—Damage to Real Estate—Possession and Reversion— Pleading—Evidence— Variance—Amendments.</p> <p>1. Where the allegations of plaintiff's declaration, in an action for damages to real estate, go to the damage of the person in possession of the premises only, and the evidence shows the plaintiff not to be in possession of any part of the premises, there is a fatal variance between the proof and the allegations in the narr, which should have alleged damage to the reversionary right of plaintiff.</p> <p>2. In such case plaintiff's application to have a juror withdrawn, and that he be allowed to amend the declaration, will not be granted.</p>