Delaware Court of Common Pleas, 1797

Harrison v. Hunter

Delaware Court of Common Pleas · Decided April 28, 1797 · Bassett, Johns

1 Del. Cas. 138; 1797 Del. LEXIS 14

Counsel

Peery, Wilson for defendant. Miller and Bayard for plaintiff., Wilson and Peery, Bayard and Miller.

Opinion of the Court

Bassett, C. J.,

gave no opinion on the motion, he having drawn the declaration, but he charged the jury (which see in my notes) 1

Johns, J.

We overrule the reasons in arrest of judgment. The verdict certainly cures the defect, for it is only ambiguity; *139if the points are changed, the sense will be altered. Cowp. 826. Though the verdict will not aid the want of a matter of fact not laid, yet it will cure matter of form.

Rodney, J., accordant.

Judgment final.

These notes have not been found.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.