Hanson v. Hoitt
Superior Court of New Hampshire
Appeal from the report of the commissioner of insolvency, on the estate of E. Hoitt, deceased. The appeal is dated April 28, 1838. The register certifies that the appeal and declaration were filed in the probate office t! on the 9th day of June, 1838, being within thirty days of the acceptance of the report of the commissioner.” The declaration filed with the appeal was in assumpsit, containing two counts, viz: as for goods sold and delivered, and for work and labor.
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Appeal from the report of the commissioner of insolvency, on the estate of E. Hoitt, deceased. The appeal is dated April 28, 1838. The register certifies that the appeal and declaration were filed in the probate office t! on the 9th day of June, 1838, being within thirty days of the acceptance of the report of the commissioner.” The declaration filed with the appeal was in assumpsit, containing two counts, viz: as for goods sold and delivered, and for work and labor. A specification under these counts was filed at the August term, 1838. At the January term, 1842, the declaration was amended…
1Opinion of the CourtParker, C. J.
This motion to dismiss comes too late to allow us to inquire into the various questions raised by the counsel in argument. As a general rule, motions to dismiss should be made at the first term. 3 Met. R. 58, Carpenter vs. Aldrich; 1 Met. R. 510, 512, Simonds vs. Parker. And the omission to move at the proper time has been thought to be a waiver of even a constitutional defect. 2 Pick. R. 592, Ripley vs. Warren.
In the present case, a long period of time, supposed to extend from October, 1838, to February, 1842, including repeated terms of court, (and during which the party has employed…
2Cases cited4 opinions
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
- Gage v. GannetMassachusetts Supreme Judicial Court · 1813
- Pike v. EmersonSuperior Court of New Hampshire · 1831
- Smith v. WhittierSuperior Court of New Hampshire · 1838
3Cited by4 opinions
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875
- State v. RichmondSuperior Court of New Hampshire · 1853
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875