Robinson v. Burleigh
Superior Court of New Hampshire
TRover for a horse. The cause was tried here upon the general issue at January term, 1830, when it appeared in evidence, that one Joshua Heath had in his possession a colt belonging to the plaintiff, end exchanged the same for the horse mentioned in the plaintiff’s declaration, then died.
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TRover for a horse. The cause was tried here upon the general issue at January term, 1830, when it appeared in evidence, that one Joshua Heath had in his possession a colt belonging to the plaintiff, end exchanged the same for the horse mentioned in the plaintiff’s declaration, then died. The plaintiff afterwards saw the defendant, who was the administrator of Heath’s estate, and disclaimed the exchange made by Heath as aforesaid, and said he should claim his colt wherever he could find it. It however appeared that Robinson did in fact authorise the exchange. The writ, in this ease, was made…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It is objected, in this case, that the action was commenced before there was any cause of action.
In general, the day of the teste of the writ is to be considered as the time of the commencement of the action. But whenever thejxue time is material, it may be shown notwithstanding the teste of the writ. 2 N. H. Rep. 330.
When the day of the teste of a writ is the day when it was actually made out, we have no doubt, that the day of the teste must be considered as the day of the commencement of the action, and neither party can be permitted…
2Cited by7 opinions
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- Bennett v. ChaseSuperior Court of New Hampshire · 1850
- Graves v. TicknorSuperior Court of New Hampshire · 1834
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