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OWENS V. HANNEY, 13 U. S. 180 (1815)

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U.S. Supreme Court

Owens v. Hanney, 13 U.S. 9 Cranch 180 180 (1815)

Owens v. Hanney

13 U.S. (9 Cranch) 180




Decided. That it is not necessary that the transcript of the record should contain the names of the jurors. Semble, that if it appear by the record that the plaintiff below was a subject of Great Britain, and a war break out between Great Britain and the United States after rendition of the judgment below and before affirmance on the writ of error, the plaintiff in error cannot take advantage of the fact that the original plaintiff is an alien enemy, but the judgment may be affirmed.

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 overruled, the defendant pleaded nonassumpsit, 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.

MR. CHIEF JUSTICE MARSHALL 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.

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