Jenness v. Berry
Superior Court of New Hampshire
Writ or Entry, dated July 15, 1843, for a tract of land situate in Strafford. George Berry, one of the defendants, filed a disclaimer, which was accepted. Benjamin Berry, the other defendant, pleaded the general issue.
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Writ or Entry, dated July 15, 1843, for a tract of land situate in Strafford. George Berry, one of the defendants, filed a disclaimer, which was accepted. Benjamin Berry, the other defendant, pleaded the general issue. The plaintiffs showed an attachment of the demanded premises, together with other lands, on the 25th of March, 1841, upon a writ in favor of Alexander S. Berry against said George Berry, a judgment duly.recovered in the suit at the January term of the court of common pleas in 1842, and an execution duly issued and extended upon the demanded premises. The writ and judgment were…
1Opinion of the CourtParker, C. J.
The ruling of the court respecting the examination of the witness and the prevention of the party from introducing evidence to show that the contract was in writing, before the examination of the witness was closed, was according to the common, course of practice. The witness denied that the contract was reduced to writing, and on that state of the evidence his testimony respecting its terms was competent. If the plaintiffs desired to controvert that testimony they would have an opportunity to do it at the usual time for cross-examination, and subsequently, by the introduction of testimony on…
2Cases cited1 opinion
- Smith v. BeanSuperior Court of New Hampshire · 1844