Wisheart v. Legro & McDuffee
Supreme Court of New Hampshire
Trespass. The writ contained three counts. The first count charged that the defendants, on the 19th day of August, 1854, at Rochester, in said county, took and carried away certain articles of personal property belonging to the plaintiff, and converted the same, &c.
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Trespass. The writ contained three counts. The first count charged that the defendants, on the 19th day of August, 1854, at Rochester, in said county, took and carried away certain articles of personal property belonging to the plaintiff, and converted the same, &c. The second count charged that the defendants, on same day, broke and entered the plaintiff’s dwelling-house, in Rochester, and took and carried away certain other goods and chattels of the plaintiff, and converted the same, &c. The third count charged that the defendants, on same day, at Rochester, assaulted one Catharine…
1Opinion of the CourtEastman, J.
All special pleas are required to be filed with the clerk of the court, or delivered to the plaintiff’s attorney, within ninety days from the commencement of the term when the action is entered; otherwise the cause will be tried on the general issue. Rules of Court 7. Rut either party may by motion obtain a rule on the other to plead, reply, &c., within a given time, to be prescribed by the court; and if the party so required neglect to file his pleadings at the time, all his prior pleadings will be stricken out and judgment entered upon a nonsuit or default, as the case may require ; unless…
2Cases cited5 opinions
- Austin v. HallNew York Supreme Court · 1816
- Everenden v. BeaumontMassachusetts Supreme Judicial Court · 1810
- Jenkins v. BrownNew York Supreme Court · 1839
- Broome v. BeardsleyNew York Supreme Court · 1805
- Cleveland v. AndersonCourt of Appeals of Texas · 1884