Moor v. Amsel (2001)

The High Court · Transcript of proceedings[2001] SZHC 16

Appearances

• plaintiff: Thea Moor
• defendant: Jurgen Amsel

Proceedings

The case was called at 10.00 and the recording began.

The Clerk read the claim, concerning the estate of the late Amsel. The defence was a denial. Counsel for the plaintiff opened. The matter was one of fact and the court would decide it on the evidence.

Witness for the plaintiff: the ferryman

The ferryman was called and sworn.

Q. Tell the court what you know. A. I understood there was a quarrel about the estate of the late Amsel. Everyone understood that. I was at the inn. Everyone was. Q. Nothing more? A. Nothing that I saw myself.

Cross-examined. Q. You did not see the document? A. I saw a paper. Q. You could not read it from where you stood? A. I could not, and I did not try.

Witness for the defence: the keeper of the toll-house

The keeper of the toll-house, sworn, examined by counsel for the defence.

Q. What is the accused's character? A. As good as mine. Q. That is for the court to judge. A. Then as good as the court's.

Cross-examined. Q. You are a friend of the plaintiff? A. I am a friend of both. Q. You dined with the plaintiff last week? A. I dined at the inn and the plaintiff was there. The Judge: That will do.

Witness for the defence: a carter

A carter was called by the defence.

Q. You know the defendant's side of the matter? A. I know both sides and I have kept out of it until today.

Cross-examined. Q. How far is it from your door to the place? A. 213 paces. Q. You have measured it? A. My boy has. Q. For this case? A. For his own reasons.

Submissions

Counsel addressed the court. The judge asked for the deeds, read them at the bench, and retired.

Judgment

The court resumed. The judgment as delivered, and as entered in the Reports:

Concerning the estate of the late Amsel. Ruling: will upheld.

Costs

Costs to the defendant. The parties left by separate doors and the court rose.