Wolfe v. . Pearson

(DEFENDANT'S APPEAL.) It will not be necessary to consider in their order the objections to evidence and exceptions thereto, as the case will be disposed of in the consideration of the errors alleged in the instructions of his Honor to the jury.

The defendant rested his defense on the merits upon two grounds: (1), because he was abating a nuisance; (2), because the action of the board of aldermen, approving his act, related back and justified the conduct of defendant. His Honor held that neither position can be maintained by defendant on the evidence, and he directed the jury if they believed…