Hallin v. Brenn (2003)

The High Court · Transcript of proceedings[2003] SZHC 18

Appearances

• plaintiff: Sofia Hallin
• defendant: Andreas Brenn

Proceedings

The court sat at 10.00. The Clerk called the case. Counsel announced their appearances for the record.

The Clerk read the claim, concerning a contract for twelve mules not delivered. The defence was a denial. Counsel for the plaintiff opened. The claim was as pleaded and the court would hear the witnesses.

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

The keeper of the toll-house was sworn and examined.

Q. Where were you at the time? A. I was in my usual place, shortly before the evening bell, and heard it before I saw it. Q. What did you understand the dispute to be? A. I was told of it by a clerk who would not be named. I did not enquire further. Q. Did you say so at the time? A. I said nothing until I was asked, and I was asked yesterday.

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 plaintiff: a carter

A carter was called and sworn.

Q. Tell the court what you know. A. It was talked of at the market for a month before it came to court. I was passing, before first light. I did not stop long. Q. Nothing more? A. Nothing that I saw myself.

Cross-examined. Q. How far is it from your door to the place? A. 197 paces. Q. You have measured it? A. My boy has. Q. For this case? A. For his own reasons.

Submissions

Both sides having closed, the judge said that the matter was one of fact and that he would give judgment after the adjournment.

Judgment

The court returned shortly after noon. The judgment was read and is entered in the Law Reports as follows.

Concerning a contract for twelve mules not delivered. Ruling: contract void.

Costs

Costs to the plaintiff. The court proceeded to the next case on the list.