Lyford v. Trustees of Berwick Academy

The law is well settled in this jurisdiction that “an objection to service or notice is waived when a party, by general appearance or otherwise, submits any other question, except the sufficiency of service or notice, to the court or other tribunal.” Roberts v. Stark, 47 N. H. 223, 225; Dolber v. Young, 81 N. H. 157, 159, and cases cited. See also, Maryland Cas. Co. v. Martin, 88 N. H. 346; Nelson v. Morse, 91 N. H. 177. It is regarded as an “elementary principle that waiver, like any question of fact, is to be determined upon all the evidence and is not concluded by the declaration of the…