Messer v. Smyth
Supreme Court of New Hampshire
Motion to quash a writ. Two actions were brought originally by the plaintiffs against the defendants: one was a writ'of entry on a mortgage, and the other assumpsit on the notes secured by the mortgage. In the action irpon the mortgage, the general issue was pleaded, a trial had, a verdict rendered, and judgment on the verdict. In the action of assumpsit, no pleadings were filed.
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Motion to quash a writ. Two actions were brought originally by the plaintiffs against the defendants: one was a writ'of entry on a mortgage, and the other assumpsit on the notes secured by the mortgage. In the action irpon the mortgage, the general issue was pleaded, a trial had, a verdict rendered, and judgment on the verdict. In the action of assumpsit, no pleadings were filed. Upon the suggestion of counsel that the verdict in the action on the mortgage settled all questions in controversy in both suits, judgment was entered in the action of assumpsit for the same amount as the verdict in…
1Opinion of the CourtStanley, J.
When this action was brought, there was a right of review in any action in which issue was joined and judgment rendered, or in which there was judgment by agreement open to review. Gen. St., e. 215, 's. 1. In the original action, there was no trial. No plea was filed, and no issue joined. The defendants appeared, and, on tlie suggestion of counsel that the verdict in the action on the mortgage settled all questions in controversy in both suits, judgment was entered in this action for the same amount as the verdict in the action on the mortgage. The appearance by the defendants for the…
2Cases cited1 opinion
- Solomons v. ChesleySupreme Court of New Hampshire · 1876