Baker v. Merrifield
Superior Court of New Hampshire
Assumpsit. The action was entered at the-April term, 1842, of the common pleas, and at that term the parties agreed to refer the action and all demands. Before that term the defendant had commenced an action against the plaintiff before a justice of the peace, and had obtained a judgment from which the plaintiff appealed.
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Assumpsit. The action was entered at the-April term, 1842, of the common pleas, and at that term the parties agreed to refer the action and all demands. Before that term the defendant had commenced an action against the plaintiff before a justice of the peace, and had obtained a judgment from which the plaintiff appealed. The plaintiff did not enter the appeal -at the April term, 1842, and the defendant filed a complaint and took a judgment of affirmation with additional costs. The parties are not agreed whether the complaint were filed before or after the agreement to refer. At the hearing…
1Opinion of the CourtGilchrist, J.
At the time of the submission no judgment had been rendered on the appeal. It has been held in this state, that the intendment of law is, that judgment is entered on the last day of the term, unless it appear by the record to have been entered on a different day. • Strafford Bank *359vs. Cornell, 2 N. H. Rep. 324. The submission having been made during the term, the cause of action for which the defendant’s suit was brought against the plaintiff had not then passed into judgment, for the judgment of the justice of the peace was vacated by the appeal taken from it by the plaintiff, except for the…
2Cases cited3 opinions
- Greenough v. RolfeSuperior Court of New Hampshire · 1828
- New-Hampshire Strafford Bank v. CornellSuperior Court of New Hampshire · 1821
- Chesley v. ChesleySuperior Court of New Hampshire · 1839
3Cited by1 opinion
- Carlton v. PattersonSuperior Court of New Hampshire · 1854