West v. Wentworth
Superior Court of New Hampshire
Appeal from a justice’s judgment. The action was commenced before a justice of the peace, and judgment was rendered for the plaintiff for the amount claimed in the suit. The defendant claimed an appeal, which was allowed by the justice upon the defendant’s entering into a recognizance with one surety only.
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Appeal from a justice’s judgment. The action was commenced before a justice of the peace, and judgment was rendered for the plaintiff for the amount claimed in the suit. The defendant claimed an appeal, which was allowed by the justice upon the defendant’s entering into a recognizance with one surety only. The ac-tion was entered in the court of common pleas by the defendant, November terra, 1849. ' At a subsequent term the defendant moved that the action be dismissed, upon the ground of the insufficiency of the- recognizance, and it was dismissed. “Thereupon the plaintiff moved the court to…
1Opinion of the CourtWoods, J.
The defendant, in this case, entered in the court of common pleas an appeal from the judgment of a justice of the peace, which, by reason of its having been irregularly granted, the court ex officio, upon the appellant’s motion, dismissed. The plaintiff, the appellee, claimed costs in the court of common pleas, as having been the prevailing party in that court.
In the case of Eames v. Carlisle, 3 N. H. Rep. 130, the writ was quashed, on motion of the defendants, for want of jurisdiction, the residence of the parties not having admitted the action -to be brought in that county. And the court…
2Cases cited3 opinions
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
- Eames v. CarlisleSuperior Court of New Hampshire · 1824