Eames v. Carlisle
Superior Court of New Hampshire
Debt, upon a bond. The plaintiffs were described in the writ as follows : “ Jeremiah. Fames of Stewarlstown, in the “ county of Coos, John Dewey of Guildhall, in the sta te of Ver-rnont, and William Fames of Newbury, in the state of Ver- “ tnont, executors of the last will and testament of James u Dewey, late of Lancaster, in the county of Coos, deceased.”
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Debt, upon a bond. The plaintiffs were described in the writ as follows : “ Jeremiah. Fames of Stewarlstown, in the “ county of Coos, John Dewey of Guildhall, in the sta te of Ver-rnont, and William Fames of Newbury, in the state of Ver- “ tnont, executors of the last will and testament of James u Dewey, late of Lancaster, in the county of Coos, deceased.” The defendants were described as follows : “ Thomas u Carlisle & William Farrar, of Lancaster, in the county of ■‘Coos, and Josiah Bellows of Walpole, in the county of “ Cheshire.” The defendants moved the court to dismiss the action, on…
1Opinion of the Court
By the court.
At the common law, a transitory action may be brought in any county. Comyn’s Digest “ Action” N. 6.—Cowp. Rep. 181.
*131But our statute, entitled t: an act regulating process and ai trials in civil causes,” section 4, enacts, “ that all personal “ or transitory actions, where both parties are inhabitants of 45 this state, may be commenced in the county wherein ei-u ther of the parties to the suit may be an inhabitant, and “ not elsewhere in this state.” 1 N. H, Laws 49.
The question is, whether in this case both parties are to be considered as inhabitants of this state, within the…
2Cases cited3 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
- Day v. JacksonMassachusetts Supreme Judicial Court · 1809
3Cited by3 opinions
- Kenney v. GreerIllinois Supreme Court · 1851
- Farley v. BloodSuperior Court of New Hampshire · 1854
- West v. WentworthSuperior Court of New Hampshire · 1853