Owens v. Hanney/Opinion of the Court

ERROR to the Circuit Court for the district of Georgia, in an

action of assumpsit, upon a special promise to pay interest upon the amount of a decree in chancery, in consideration of forbearance.

The Plaintiff below is stated in the declaration to be an alien and British subject, and the Defendant a citizen of Georgia.

A demurrer to the declaration having been over-ruled, the Defendant pleaded non-assumpsit, upon which issue the verdict and judgment were against him in May, 1811, and he brought his writ of error.

In the transcript of the record, which came up, a blank is left for the names of the jurors, but in other respects the record appears to be perfect. The verdict and judgment are fully stated.

War was declared by the United States against Great Britain, on the 18th of June, 1812, and continued at the time of the argument in this Court.

HARPER, for the Plaintiff in error, contended,

1. That as it appeared upon the record that the Plaintiff was an alien enemy, and the Defendant had had no opportunity to plead that fact, this Court ought not to affirm the judgment; and,

2. That the omission of the names of the jurors, was fatal in as much as it did not appear from the record that it was the verdict of a legal jury.

MARSHALL, Ch. J. stated the opinion of the Court to be that the omission of the names of the jurors was not material. Nothing was said upon the first point.

Judgment affirmed with costs.

Notes