Stevens v. Maxwell

The opinion of the court was delivered by

Johnston, J. :

In this action the trial court erroneously referred the jury to the pleadings to ascertain-the issues and matters in controversy. After a brief preliminary- statement of the nature of the case, the court told the jury that, for a more detailed statement of the claims of the parties, they were referred to the pleadings, and copied them at length in its instructions.

The pleading of the plaintiff was a lengthy and somewhat complicated statement of facts, relating to the lease of a small tract of land in the interior of a larger tract, upon…