Morse v. Davis
Superior Court of New Hampshire
Complaint, for not entering an appeal from the judgment of a justice of the peace. On the 27th of December, 1849, the complainant, Morse, brought an action of debt before’a justice of the peace, to recover the penalty prescribed by tbe first section of tbe 207th chapter of tbe Revised Statutes, for cutting trees on tbe complainant’s land without leave of tbe owner.
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Complaint, for not entering an appeal from the judgment of a justice of the peace. On the 27th of December, 1849, the complainant, Morse, brought an action of debt before’a justice of the peace, to recover the penalty prescribed by tbe first section of tbe 207th chapter of tbe Revised Statutes, for cutting trees on tbe complainant’s land without leave of tbe owner. To this action tbe respondent, Davis, pleaded that be was in possession of tbe premises on which tbe trees were cut, by virtue of a lease from the complainant to him, for tbe term of three years, and that be cut tbe trees for fuel,…
1Opinion of the CourtGilchrist, C. J.
The 77th article of the Constitution provides that the legislature may give justices of the peace jurisdiction in civil causes, “ where title of real estate is not concerned.” The first section of chap. 175 of the Revised Statutes, enacts that justices may try certain cases “in which the title to real estate is not drawn in question.”
In the present cases the defendant pleaded that he was in possession of the premises by virtue of a lease from the plaintiff for the term of three years, to which the plaintiff replied a cancellation of the lease before the cutting complained of.
It is unnecessary…
2Cases cited2 opinions
- Hutchinson v. StilesSuperior Court of New Hampshire · 1826
- Brewster v. HillSuperior Court of New Hampshire · 1818