Rusk v. Hallin (2025)

The Regional Court of Westgau · Transcript of proceedings[2025] SZRC 20 (West)

Appearances

• plaintiff: Nele Rusk
• defendant: Klara Hallin

Proceedings

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

The pleadings were read: a boundary between two farms. The defendant answered by a general denial. Counsel for the plaintiff opened. The claim was as pleaded and the court would hear the witnesses.

Witness for the plaintiff: a woman who keeps the shop opposite

A woman who keeps the shop opposite was sworn and examined.

Q. Where were you at the time? A. I was on the road from Hagenkirchen, the causeway being under a hand's depth of water, and heard of it before I reached the town. Q. What did you understand the dispute to be? A. I understood there was a quarrel about a boundary between two farms. Everyone understood that. Q. Did you say so at the time? A. I mentioned it at the inn that evening. 'We heard it from the far bank and thought it was the ferry.'

Cross-examined. Q. How far is it from your door to the place? A. 115 paces. Q. You have measured it? A. My boy has. Q. For this case? A. For his own reasons.

Witness for the plaintiff: a retired sergeant of the Marsh Regiments

A retired sergeant of the Marsh Regiments 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 at Hagenkirchen that morning, on my own business, and saw what the whole street saw. Q. Nothing more? A. Nothing that I saw myself.

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.

Submissions

Counsel for the plaintiff submitted that the claim was made out. Counsel for the defendant submitted that it was not, and cited the authorities. The court retired.

Judgment

The judge returned to the bench shortly after noon and read the judgment, which is entered in the Law Reports in these terms.

Concerning a boundary between two farms at Hagenkirchen. Ruling: for the plaintiff.

Costs

Judgment for the plaintiff with costs, to be taxed by the Clerk. The parties left by separate doors and the court rose.