Learned v. Castle

This action was commenced in one of the late District Courts, while the late Constitution was in force, to procure the abatement of alleged' nuisances and the recovery of damages alleged to have been occasioned the plaintiff thereby. A demurrer interposed to the complaint was overruled by the District- Court and subsequently the case was tried in the Superior Court.

If the action is one in equity, the general verdict rendered by the jury in the court below is not determinative of the issues made by the pleadings, and the judgment must be reversed for a failure of the court to find upon such…