Delaware Court of Common Pleas, 1798

Rickards v. Rickards

Rickards v. Rickards
Delaware Court of Common Pleas · Decided November 20, 1798 · Bassett
1 Del. Cas. 207; 1798 Del. LEXIS 20

Counsel

Ridgely for plaintiff. Wilson for defendants.

Rickards v. Rickards

Opinion of the Court

Bassett, C. J.

The counsel do not materially differ in their statements of the law. Although the justification plea must of itself confess the fact, yet it is often put in with non culpa and does not confess the fact under that issue. Violent presumption amounts to full proof; [the] probable is to be regarded. Wherever the presumptive evidence satisfies the mind that the fact was the one way or the other, that is sufficient. There are a variety of cases of that kind that excludes full proof, and in such cases what is sufficient to satisfy you of the fact, that is sufficient evidence.

Verdict, twenty dollars.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.