Proprietors of Concord v. McIntire
Superior Court of New Hampshire
Trespass quare clausum fregit. The close described in the declaration was lot No. 3, in the nineteenth range, in the Township of Concord, which is now the town of Lisbon in this county. The cause was tried upon the general issue, at November term, 1833, The plain tiffs gave in evidence to the jury a copy of the charter of Concord, dated August 6, 1763, and proved an entry by the defendants into the lot described in the declaration.
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Trespass quare clausum fregit. The close described in the declaration was lot No. 3, in the nineteenth range, in the Township of Concord, which is now the town of Lisbon in this county. The cause was tried upon the general issue, at November term, 1833, The plain tiffs gave in evidence to the jury a copy of the charter of Concord, dated August 6, 1763, and proved an entry by the defendants into the lot described in the declaration. The counsel for the defendants objected, at the trial, that the plaintiffs had not offered sufficient evidence to maintain an action of trespass ; but the court…
1Opinion of the Court
Green, .).
delivered the opinion of the court.
It is urged, that the verdict, in this case, cannot be sustained, because it was not shown, that the plaintiffs were ever organized as a corporation. But this objection cannot prevail. The general issue has been pleaded and this is an admission that the plaintiffs are, a corporation, capable of sueing. 6 N. H. Rep. 197. If the defendants intended to dispute the existence of the corporation, they should have called for the authority of counsel to appear for the plaintiffs, or have pleaded that there is no such corporation. Either of these courses…
2Cases cited1 opinion
- School District No 1 v. BlaisdellSuperior Court of New Hampshire · 1833
3Cited by3 opinions
- Chandler v. WalkerSuperior Court of New Hampshire · 1850
- Haynes v. ThomSuperior Court of New Hampshire · 1854
- Warren v. CochranSuperior Court of New Hampshire · 1854