Sterling v. Warden
Supreme Court of New Hampshire
Teespass, by Nathanial K. Sterling against Alexander Warden. The first count alleged the breaking and entering of the plaintiff’s dwelling-house, July 80, 1869, and an assault on the plaintiff and his ■wife; • the second count alleged an assault on the plaintiff; and the third count alleged an assault on the plaintiff’s wife.
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Teespass, by Nathanial K. Sterling against Alexander Warden. The first count alleged the breaking and entering of the plaintiff’s dwelling-house, July 80, 1869, and an assault on the plaintiff and his ■wife; • the second count alleged an assault on the plaintiff; and the third count alleged an assault on the plaintiff’s wife. The defendant, besides the general issue, pleaded nine special pleas, to all of which the plaintiff demurred. , The case was reserved. 1. First plea, the general issue. 2. And for further plea in this behalf, said defendant, by leave of the coitrt here for that purpose…
1Opinion of the CourtFoster, J.
The questions to be considered in this case are all presented by the demurrer to the plea of the general issue and to the second special plea, which comprehends all the facts relied upon by the defendant as a justification for the trespass alleged. The other pleas *226vary from this only in the omission of certain allegations of fact contained in the second plea, — except that in tlie seventh plea there is an allegation that the plaintiff “ then and there had notice ” of the appointment and qualification of Gilchrist and the defendant as postmaster and assistant postmaster, omitting the…
2Cases cited2 opinions
- Parsons v. CampSupreme Court of Connecticut · 1836
- White v. ElwellSupreme Judicial Court of Maine · 1861
3Cited by4 opinions
- Bomberger v. McKelveyCalifornia Supreme Court · 1950
- Fawkes v. ReynoldsCalifornia Supreme Court · 1922
- Greelish v. WoodSupreme Court of New Hampshire · 2006
- City of Dover v. B C P RealtySupreme Court of New Hampshire · 1972