Legal Opinion

Sargeant v. French

Superior Court of New Hampshire

Decided December 15, 1839PublishedCited by 1 opinion

Error, to reverse a judgment rendered on default, in an action of assumpsit, in tvhich French was original plaintiff, and Joseph W. Sargeant and John R. Sargeant, the plaintiffs in error, were original defendants. The error assigned was, that John R. Sargeant, at the time of the rendition of the judgment, was an infant, under the age of twenty-one years.. This fact was traversed, and the issue joined was submitted to a jury, who found for the plaintiffs in error.

1Opinion of the CourtParker, C. J.

The judgment, having been rendered against the infant, on default, is erroneous. 1 Mass. R. 479, Knapp vs. Crosby; 1 Dallas 166, Sliver vs. Shelback; Dyer 104, a, Anderson vs. Warde; Cro. Jac. 466, Holford vs. Platt; Cro. Car. 307, Newport vs. Mildmay. Being entire, it must be reversed as to both. 6 N. H. Rep. 543, Whitmore vs. Delano, and auth. cited.

In some instances, upon the reversal of a judgment, this court can proceed to enter the judgment which ought to have been rendered in the original action. In others, further proceedings must be had. 5 N. H. Rep. 477, Favor vs. Philbrick; 7 N. H.…

2Cases cited4 opinions

  1. Hillsborough v. DeeringSuperior Court of New Hampshire · 1827
  2. Ford v. WrightSuperior Court of New Hampshire · 1835
  3. Whitmore v. DelanoSuperior Court of New Hampshire · 1834
  4. Favor v. PhilbrickSuperior Court of New Hampshire · 1831

3Cited by1 opinion

  1. Burt v. StevensSuperior Court of New Hampshire · 1850

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