Truesdale v. Straw
Supreme Court of New Hampshire
Debt, upon an award. The declaration alleged that the defendant executed Her bond to the plaintiff, which contained a condition reciting that the parties are owners of adjoining lots on Elm street in Manchester; that the plaintiff has erected a new wall upon the east half of Ms lot, in which the defendant desires to insert timbers for a new building which she is about to erect, and have a right of support therein; that for the proper accommodation of said JnñMliig it will…
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Debt, upon an award. The declaration alleged that the defendant executed Her bond to the plaintiff, which contained a condition reciting that the parties are owners of adjoining lots on Elm street in Manchester; that the plaintiff has erected a new wall upon the east half of Ms lot, in which the defendant desires to insert timbers for a new building which she is about to erect, and have a right of support therein; that for the proper accommodation of said JnñMliig it will become necessary to take down the wall now standing, and ibt'inoriy constituting a part of the building wired she lias…
1Opinion of the CourtFoster, J.
The form of pleading adopted by the defendant in this case is peculiar, and not recognized by common or statute law. To the general issue is annexed what is denominated a brief statement, which incorporates a demurrer to some points of the award, and a plea in bar as to others. The first and second subdivisions of Part I, and the entire Third Part of the brief statement, so called, constitute a demurrer to the declaration, while the remainder of the pleading incorporates allegations of certain facts not stated in the declaration, and which are claimed to be a bar to the action. 'A defendant…
2Cases cited16 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
- Day v. . HammondNew York Court of Appeals · 1874
- Denton v. JacksonNew York Court of Chancery · 1817
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3Cited by5 opinions
- Jackson v. MorseSupreme Court of New Hampshire · 2005
- Burleigh v. FordSupreme Court of New Hampshire · 1880
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922
- Straw v. TruesdaleSupreme Court of New Hampshire · 1879
- Pierce v. PierceSupreme Court of New Hampshire · 1880