Legal Opinion

Yelverton v. Conant

Superior Court of New Hampshire

Decided July 15, 1846Published

Assumpsit. The defendant pleaded as follows : And the said Jeptha Conant comes and defends, &c.; when, &c., and says he ought not to he compelled to answer to the said writ and declaration of the said Henry and Robert, because he says that the said Henry and Robert heretofore, to wit, in the court of common pleas for the county of Middlesex and commonwealth of Massachusetts, iu the year of our Lord one thousand eight hundred and forty-five, holden at Concord, within and for…

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Assumpsit. The defendant pleaded as follows : And the said Jeptha Conant comes and defends, &c.; when, &c., and says he ought not to he compelled to answer to the said writ and declaration of the said Henry and Robert, because he says that the said Henry and Robert heretofore, to wit, in the court of common pleas for the county of Middlesex and commonwealth of Massachusetts, iu the year of our Lord one thousand eight hundred and forty-five, holden at Concord, within and for said county of Middlesex, on the second Monday of June, iu the year last aforesaid, impleaded the said Jeptha Conant, in…

1Opinion of the CourtGilchrist, J.

The defendant has pleaded in abatement in this action, that prior to its commencement the plaintiffs had impleaded him in a like form, and for the same cause of action, in the court of common pleas for the county of Middlesex and commonwealth of Massachusetts, a court then having jurisdiction of the cause and of the parties; that the property of the defendant was attached upon the process; that the action was duly entered, and was pending in that court at the time of the filing of his plea. The plaintiff has demurred to the plea.

It was decided in Sparry’s Case, 5 Co. 61, that several actions…

2Cases cited4 opinions

  1. Walsh v. DurkinNew York Supreme Court · 1815
  2. Goodall v. MarshallSuperior Court of New Hampshire · 1840
  3. Clark v. BrownSuperior Court of New Hampshire · 1833
  4. Weeks v. PearsonSuperior Court of New Hampshire · 1831

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