Belt v. Abramson

Citations

• 25 Del. 536
• 2 Boyce 536
• 82 A. 90
• 1911 Del. LEXIS 82

Syllabus

<p>1. Jury — Right to Trial by Jury — Necessity of Request.</p> <p>A trial by jury in an action against a tenant holding over is improper, where requested by neither party.</p> <p>2. Jury — Oath.</p> <p>The record of a trial in the justice's court, must show that the jurors summoned and acting in the cause were sworn or affirmed in accordance with the law.</p> <p>3. Landlord and Tenant — Action for Possession — Verdict and Judgment.</p> <p>In an action against one as a tenant holding over, a verdict finding that the tenant is indebted to the landlord, and failing to find the landlord entitled to possession, is erroneous, and a judgment based thereon, which awarded possession to the defendant, is also erroneous.</p>