Smith v. Powers
Superior Court of New Hampshire
Trespass, for that the defendant, on the first of November, 1834, and on divers other- days prior to the date of the writ, broke and entered the plaintiff’s close in Bath, being all that part of lot numbered three, in the first range of lots on the westerly side of Amonoosnc river, that lies southerly of a line extending across said lot from a pine root, &c., on the westerly line of the lot, to a pine root, &e., on the easterly line of said lot, and then and there cut and…
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Trespass, for that the defendant, on the first of November, 1834, and on divers other- days prior to the date of the writ, broke and entered the plaintiff’s close in Bath, being all that part of lot numbered three, in the first range of lots on the westerly side of Amonoosnc river, that lies southerly of a line extending across said lot from a pine root, &c., on the westerly line of the lot, to a pine root, &e., on the easterly line of said lot, and then and there cut and carried away divers trees, &c-. The defendant pleaded, first, as to the force and arms, &c., and to all the trespass…
1Opinion of the CourtParker, C. J.
Some of tbe points taken at tbe trial have not been pressed upon tbe argument, but as they have not been abandoned we shall notice them briefly.
Tbe opinion of tbe court in favor of tbe defendant, upon tbe demurrer to tbe new assignment, was founded upon tbe fact that tbe whole matter brought in controversy by tbe writ was in issue by tbe pleadings of tbe parties, without tbe new assignment, and before its, introduction. Upon tbe delivery of this opinion tbe plaintiff asked leave to amend by withdrawing tbe new assignment, and tbe leave was granted upon tbe usual terms, that be pay tbe *561costs.…
2Cases cited3 opinions
- Shepherd v. ThompsonSuperior Court of New Hampshire · 1827
- Lawrence v. HaynesSuperior Court of New Hampshire · 1829
- Pike v. HayesSuperior Court of New Hampshire · 1843
3Cited by3 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Dow v. JewellSuperior Court of New Hampshire · 1846
- Wallace v. GoodallSuperior Court of New Hampshire · 1846