Good v. Town of Chester

Brannon, Judge:

Allie R. Good sued the town of Chester for damage done her lot from water and mud cast upon it from a street of the town, and recovered a verdict and judgment. The action was trespass on the case.

The record shows no plea of any kind, no issue joined. It shows that the jury were sworn. Sworn to do what? The record does not answer. It does not say the jury was sworn to try the issue. Had there been a plea and issue, that word “sworn” would have been sufficient?. But no plea or issue appears. It is very old law that there must be an-issue for a jury trial. That law seems to have…