Legal Opinion

Noyes v. Edgerly

Supreme Court of New Hampshire

Decided October 9, 1902PublishedCited by 11 opinions

Trespass, for false imprisonment. Transferred from tbe April term, 1902, of the superior court by Peaslee, J. October 5, 1898, the plaintiff was arrested for breaking and entering a building in the daytime, and the larceny therein of goods valued at fifteen dollars. He was arraigned in police court, pleaded guilty, and was sentenced to four months’ imprisonment in the county jail and to pay a fine of ton dollars and costs.

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Trespass, for false imprisonment. Transferred from tbe April term, 1902, of the superior court by Peaslee, J. October 5, 1898, the plaintiff was arrested for breaking and entering a building in the daytime, and the larceny therein of goods valued at fifteen dollars. He was arraigned in police court, pleaded guilty, and was sentenced to four months’ imprisonment in the county jail and to pay a fine of ton dollars and costs. The defendant was sheriff' and jailer of the county, and took the plaintiff into custody, October 6, 1898, on the mittimus issued by the justice, and imprisoned him until…

1Opinion of the CourtBingham, J.

“No special plea shall be required in a civil action; . , . but any defence may be proved under the general issue, upon a brief statement thereof being filed in such time as the court may order.” P. S., e. 228, s. 8. “ Brief statements, filed in pursuance of the statute, shall be subject to the same rules as special pleas.” Rules of Court, No. 12. “ All special pleas shall be filed with the clerk of the court within ninety days from the commencement of the term when the action is entered; otherwise, the case shall be tried upon the general issue.” Rules of Court, No. 9. The brief statement…

2Cases cited14 opinions

  1. Robb v. VosSupreme Court of the United States · 1894
  2. May v. Le ClaireSupreme Court of the United States · 1871
  3. Kinney v. . KiernanNew York Court of Appeals · 1872
  4. In re Van NormanSupreme Court of Minnesota · 1889
  5. Smith v. BrokerSupreme Court of Iowa · 1892

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
  2. Moffie v. SlawsbySupreme Court of New Hampshire · 1915
  3. Lehigh Navigation Coal Co. v. Keene Coal Co.Supreme Court of New Hampshire · 1938
  4. Arzuaga v. GonzalezCourt of Appeals for the First Circuit · 1917
  5. Bartlett v. MansfieldSupreme Court of New Hampshire · 1913

6 more not listed; retrieve them via the Exa API.

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