Clark v. Brown
Superior Court of New Hampshire
This was an action of assumpsit upon a promissory note. The defendant having craved oyer of the writ, &e. and enrolled the summons left with him in the service of the writ, filed a plea in abatement as follows :— The said Brown prays judgment of the writ aforesaid and that the same may abate, because he says that the summons does not briefly give the same information to the defendant which the declaration gives more at large in that the note in the declaration set forth is…
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This was an action of assumpsit upon a promissory note. The defendant having craved oyer of the writ, &e. and enrolled the summons left with him in the service of the writ, filed a plea in abatement as follows :— The said Brown prays judgment of the writ aforesaid and that the same may abate, because he says that the summons does not briefly give the same information to the defendant which the declaration gives more at large in that the note in the declaration set forth is alleged to be payable in six months from the date thereof, with interest after, and the said summons sets forth the note…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.* Pleas in abatement are interposed to defeat writs for some defect in the mode of proceeding and are certainly entitled to no particular favor. But when they contain sufficient matter well pleaded they must prevail. Any defect in them, however, even in form only, is fatal to them even on a general demurrer.
The form of the conclusion of such pleas was settled in *435very ancient times and correct forms are found in all the books. The reason of the particular form prescribed we shall neither seek to discover nor stop to explain. It is enough that they are…
2Cited by5 opinions
- Goodall v. DurginSuperior Court of New Hampshire · 1844
- Baker v. BrownSuperior Court of New Hampshire · 1847
- Lyman v. DodgeSuperior Court of New Hampshire · 1842
- Wheeler v. BatesSuperior Court of New Hampshire · 1850
- Yelverton v. ConantSuperior Court of New Hampshire · 1846