1 Ohio Ch. 288 | Ohio | 1833
You must reduce your notice of special matter to form, showing what it is, or we cannot regard it. If such a proceeding was had in an inferior court we should be compelled to reverse it on error, and we cannot countenance the practice here — the jury are sworn to try the issues, nothing else.
The trespass complained of was the fishing on the plaintiff’s land by large and noisy parties, contrary to his request. One point of the defence was that the plaintiff was not in possession when the acts complained of were done, having rented to his son-in-law, who was in possession.
Verdict and judgment for the plaintiff.