Supreme Court of the United States, 1813

Smith v. Delaware Insurance

Smith v. Delaware Insurance
Supreme Court of the United States · Decided March 9, 1813 · Marshall, Washington, Todd
11 U.S. 434; 7 Cranch 434 (United States Reports)

Counsel

Pinkney, Attorney General, for Plaintiffs in error,, Harper, contra,

Smith v. Delaware Insurance

Opinion

Marshall, Ch. J.

The case is too plain for argu-. merit. The jury did not intend to find a general verdict; but to submit the points of law to the Court. If the law had been for the Plaintiffs the Court could only have awarded a venire de novo. The facts ought to hq-ve appeared, so that the judgment might have been either reversed or affirmed upon the merits.

Judgment reversed, and a neid trial awarded.

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