Legal Opinion

Bartlett v. Lee

Supreme Court of New Hampshire

Decided December 5, 1880PublishedCited by 9 opinions

Petition, upon Gen. Laws, c. 75, s. 9, for leave to file a claim against the defendants for damages caused by a defective highway. The plaintiff resides in Rockingham. The defendants, being a town of Strafford county, moved to dismiss.

1Opinion of the Court

Doe, 0. J.

The action for a traveller’s damages, under the highway act, is local. G. L., c. 75, s. 14. And this petition, being an incident of the action which the plaintiff proposes to bring, and within the reason of the law fixing the venue of the action, is, by implication, required to be brought in Strafford, the county in which the action mfist be entered.

“No writ, declaration, return, process, judgment, or other proceeding in the courts or course of justice shall be abated, quashed, or reversed, for any error or mistake, where the person or case may be rightly understood by the court,”…

2Cases cited1 opinion

  1. State v. Portland & Ogdensburgh RailroadSupreme Court of New Hampshire · 1877

3Cited by9 opinions

  1. Owen v. WestonSupreme Court of New Hampshire · 1885
  2. Garvin v. LegerySupreme Court of New Hampshire · 1881
  3. Tucker v. LakeSupreme Court of New Hampshire · 1892
  4. Brown v. EllsworthSupreme Court of New Hampshire · 1903
  5. Hayes v. RochesterSupreme Court of New Hampshire · 1886

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