New-Hampshire Strafford Bank v. Cornell
Superior Court of New Hampshire
When judgment is rendered by consent in one county as of a prior term in another county, a writ of review of such judgment must be brought within one year from the last day of such prior term, otherwise it is barred by the statute of 1818, cap. 78, sec. 3.-" In this stale tne intendment of law is, that judgment is entered on the last day of the term, unless judgment appears by the record to have been entered on a different day.
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When judgment is rendered by consent in one county as of a prior term in another county, a writ of review of such judgment must be brought within one year from the last day of such prior term, otherwise it is barred by the statute of 1818, cap. 78, sec. 3.-" In this stale tne intendment of law is, that judgment is entered on the last day of the term, unless judgment appears by the record to have been entered on a different day. This was a review of an action, in which judgment had been rendered in favor of the New-Hampshire, Strafford Bank. The defendants in review cotae and say, “ that the…
1Opinion of the CourtWoodbury, J.
It is admitted in this case that the writ was brought within one year from the time the judgment was *326jn fac£ agreed on ; but not within one year from the time it appears; on the record to have been rendered. This r< suits from the circumstance, that the action was continued nisi from this county, and when judgment was afterwards agreed on in Rockingham county, ii. was entered up here as of the preceding term, according to the established usage in cases of that kind.(l)(1) 3Bl. C°m. » (2) 4 Coke 71, Heyndes case. (3) 12 John 140. (4) Yelv. 35-4 Coke 71-14 Mass. Rep. 115. „ (5) 3 Bl. Com. Apx.…
2Cases cited2 opinions
- Coolidge v. CaryMassachusetts Supreme Judicial Court · 1817
- Smith v. FletcherIndiana Superior Court · 1871
3Cited by4 opinions
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Baker v. MerrifieldSuperior Court of New Hampshire · 1843
- Barnet v. SmithSuperior Court of New Hampshire · 1855
- Dinsmore v. AuburnSuperior Court of New Hampshire · 1853