Harris v. McCullen

Historical collection note: this decision belongs to the earlier Delaware Court of Common Pleas, a colonial civil court abolished in 1831. It is distinct from the modern Court of Common Pleas first established in 1917. Official history: https://archives.delaware.gov/delaware-agency-histories/court-of-common-pleas/ ; https://courts.delaware.gov/commonpleas/history.aspx

Per Curiam.
We are of opinion this probate and .account are not sufficient. The plaintiff has exhibited claims to a much larger amount, and should have included them in his proved account.

Whereupon the plaintiffs offered to include the whole of their accounts and make a probate which was considered as made by the plaintiff for argument’s sake, and upon argument, the Court were of opinion that it was now too late to amend or make a new probate in this, stage of the cause, the evidence having been gone through and counsel for plaintiff applied it. Whereupon an exception was prayed for (by plaintiff’s counsel) and allowed.