Sullivan v. Wentworth

The bill of exceptions in this case is not quite intelligible. It states that the second count of the plaintiff’s declaration, which is for an illegal arrest and a false imprisonment, “was not considered by the jury, who returned a verdict upon the first count only.” The copy of the record sent up with the bill of exceptions shows that the jury returned a general verdict for the defendant, which is a verdict upon both counts. We treat the case as if the ruling had been in form, as it was in substance, that, upon the evidence, the plaintiff could not maintain his second count. Both counsel…