Colby v. Knapp
Superior Court of New Hampshire
Assumpsit. A plea in abatement was filed with the clerk;. after the close of the sitting of court on the fourth day of the term, and after a general entry of the defendant’s name had been made on the docket, without notice of such plea. The plaintiff objected that the defendant was precluded from filing a plea in abatement after the entry of a general appearance ; and also that the plea was not filed seasonably, agreeably to the rules of court.
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Assumpsit. A plea in abatement was filed with the clerk;. after the close of the sitting of court on the fourth day of the term, and after a general entry of the defendant’s name had been made on the docket, without notice of such plea. The plaintiff objected that the defendant was precluded from filing a plea in abatement after the entry of a general appearance ; and also that the plea was not filed seasonably, agreeably to the rules of court. The case was transferred for decision on these exceptions. 1. The entry of the defendant’s name to the action is an imparlance ; and it is well…
1Opinion of the CourtUpham, J.
An appearance in a suit originally signified in the English practice the filing of common or special bail. Now it is usually effected on the part of the defendant by making certain formal entries in the proper office of the court, expressing such appearance. 1 Tidd’s Prac. 68 ; 1 Arch. Prac. 22. There are only three ways for the defendant to appear in a cause, viz. : by putting in special bail, filing common bail, or causing his appearance to be entered. 4 Cow. 168, Mann vs. Carley; 1 Cow. 209, Vanderpoel vs. Wright.
The rules of this court as to appearance, require the names of the attorneys,…
2Cases cited1 opinion
- Jackson v. LoomisNew York Supreme Court · 1825
3Cited by1 opinion
- Opinion Declaring the Soldiers' Voting Bill a Valid & Binding Statute of the StateSupreme Court of New Hampshire · 1864