Legal Opinion

Stevenson v. Cofferin

Superior Court of New Hampshire

Decided January 15, 1850PublishedCited by 1 opinion

Motion for leave to become nonsuit. The defendant demurred to the plaintiffs’ declaration, and the questions arising upon the demurrer were transferred to the Superior Court for determination. The Superior Court sent to the Common Pleas, at the November term, 1849, the following certificate : “In this case it is adjudged by the court that there be judgment for the defendant upon the demurrer.” The plaintiffs thereupon moved the Common Pleas for leave to become nonsuit.

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Motion for leave to become nonsuit. The defendant demurred to the plaintiffs’ declaration, and the questions arising upon the demurrer were transferred to the Superior Court for determination. The Superior Court sent to the Common Pleas, at the November term, 1849, the following certificate : “In this case it is adjudged by the court that there be judgment for the defendant upon the demurrer.” The plaintiffs thereupon moved the Common Pleas for leave to become nonsuit. To this the defendant objected, and insisted that judgment should be entered according to the certificate from the Superior…

1Opinion of the CourtEastman, J.

This case, though quite brief, presents two questions of practice of some importance; the first is, as to the effect of a certificate sent from this court to the Common Pleas upon questions transferred for our deter-*289ruination; and the second, as to the right of a party to become nonsuit after a demurrer to his pleadings.

The seventh and eighth sections of chapter 172 of the Revised Statutes provide for the sending of questions from the Common Pleas to the Superior Court, for their determination. The provisions are very general, and embrace almost all questions that may arise in an action, from…

2Cases cited4 opinions

  1. Douglass v. SatterleeNew York Supreme Court · 1814
  2. Locke v. WoodMassachusetts Supreme Judicial Court · 1820
  3. Wooster v. BurrNew York Supreme Court · 1829
  4. People v. Mayor's CourtNew York Supreme Court · 1828

3Cited by1 opinion

  1. Total Service, Inc. v. Promotional Printers, Inc.Supreme Court of New Hampshire · 1987

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