Flanders v. Atkinson
Superior Court of New Hampshire
Debt. The defendants were summoned to answer to the plaintiff in a plea of debt, that to the plaintiff they render the sum of $110, which it was alleged the town owed to the plaintiff, and unjustly detained from him.
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Debt. The defendants were summoned to answer to the plaintiff in a plea of debt, that to the plaintiff they render the sum of $110, which it was alleged the town owed to the plaintiff, and unjustly detained from him. There were several counts in the writ for penalties alleged to have been incurred for a neglect to erect and keep guide-boards at the intersection of roads in said town; but the writ contained no allegation that the matters alleged were to the damage of the plaintiff" in any sum. The defendant moved to quash the writ for this reason; whereupon the plaintiff" moved for leave to…
1Opinion of the CourtWoods, J.
A motion is made to amend the writ by inserting the ad damnum, which has been wholly omitted. This motion is resisted, not upon the ground that that material part of the writ does not come within the general provision of the statute which authorizes the court to grant amendments, but because there is nothing to show that the court has jurisdiction of the cause. If the court has no jurisdistion, then, by the decision in Hoit v. Molony, 2 N. H. Rep. 322, it cannot exercise a discretion in allowing an amendment to be made that would, if it could relate back to the inceptioii of the process,…
2Cases cited2 opinions
- Jones v. WinchesterSuperior Court of New Hampshire · 1834
- Hoit v. MolonySuperior Court of New Hampshire · 1821