Berry v. Osborn
Superior Court of New Hampshire
This is an action of trespass quera clausum fregit. It was commenced before a justice of the peace before whom the de» fendant pleaded the general issue and six special pleas, alleging title, and thereupon the action was entered in the court of common pleas, at the March term, 1852. The plaintiff demurred to the third, fourth, fifth and sixth pleas, and assigned the following cause of demurrer to each, to wit: “ For that the said plea is not in the English language, but is…
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This is an action of trespass quera clausum fregit. It was commenced before a justice of the peace before whom the de» fendant pleaded the general issue and six special pleas, alleging title, and thereupon the action was entered in the court of common pleas, at the March term, 1852. The plaintiff demurred to the third, fourth, fifth and sixth pleas, and assigned the following cause of demurrer to each, to wit: “ For that the said plea is not in the English language, but is partly in the Latin tongue, contrary to the provisions of the statute.” The pleas are alike, so far as relates to the…
1Opinion of the CourtBell, J.
“ No writ, declaration, return, process, judgment or other proceeding in the courts or course of justice, shall be abated, quashed, or reversed for any error or mistake, where the person or case may be rightly understood by the court, nor through defector want of form or addition only; and courts and justices may, on motion, order amendment in any such case. Rev. Stat. ch. 186, § 10.
Upon the just construction of this section depends the decision Of the questions, which the ingenuity of counsel has seen fit to present to us. We do not feel that our time and labor are well bestowed either for…
2Cited by2 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Cahill v. TerrioSupreme Court of New Hampshire · 1875