Willard v. Harvey
Superior Court of New Hampshire
Debt, on a judgment recovered by the plaintiff against the defendants, at the superior court for the county of Cheshire, on the first Tuesday of October, 1830. The writ is dated February 21st, 1851. At March term, 1851, the defendants pleaded— 1st. Nul tiel record; to which the plaintiff replies that there is such record. 2d. That the cause of action did not accrue within twenty years before the commencement of the plaintiff’s suit.
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Debt, on a judgment recovered by the plaintiff against the defendants, at the superior court for the county of Cheshire, on the first Tuesday of October, 1830. The writ is dated February 21st, 1851. At March term, 1851, the defendants pleaded— 1st. Nul tiel record; to which the plaintiff replies that there is such record. 2d. That the cause of action did not accrue within twenty years before the commencement of the plaintiff’s suit. To this plea the plaintiff demurs, and the defendants join in demurrer. 3d. Payment; upon which issue is joined. It is agreed that no record was ever made of the…
1Opinion of the CourtBell, J.
It is much to be regretted that the system which once existed in the Province and State of New Hampshire, of recording fully and at length the judgments of all the courts of higher jurisdiction, should have been permitted to fall into disuse. But it is well understood that for many years no other record of the ordinary judgments at common law was preserved than the minutes of the proceedings from term to term, as made on the dockets of the court, and the files of original papers used in the progress of the cases. In particular cases, from their supposed importance, or other motive, judgments…
2Cases cited17 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Woart v. WinnickSuperior Court of New Hampshire · 1826
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Stocking v. HuntNew York Supreme Court · 1846
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Doe v. Roman Catholic Diocese of Jefferson CitySupreme Court of Missouri · 1993
- State v. HamelSupreme Court of New Hampshire · 1994
- Norton v. PattenSupreme Court of New Hampshire · 1984
- City of Portsmouth New Hampshire v. Richard Schlesinger and William WeinsteinCourt of Appeals for the First Circuit · 1995
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
8 more not listed; retrieve them via the Exa API.