Desaulnier v. Manchester School District

I would affirm the trial court’s dismissal of the plaintiff’s suit on statute of limitations grounds.

Although I would not use case law to change the standard for commencement of an action at law, the proper application of that standard, as set forth in a line of cases beginning in 1820, requires that this writ be dismissed. The action is commenced when there exists both the action and the intention — the action of completing the writ and the intention of service. Society for Propagating the Gospel v. Whitcomb, 2 N.H. 227, 230 (1820). The intention must be a present one, not contingent, and…