Beckley v. Newcomb
Superior Court of New Hampshire
Writ oe Error. The original action was a writ of entry, in which the demandants counted on their own seizin in fee and in mortgage, and on a joint disseizin by the tenant. At the March term of the common pleas, in 1849, the demandants recovered judgment against both the tenants, on their default without appearance. The error assigned was the infancy of Hamilton, one of the defendants in the original action.
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Writ oe Error. The original action was a writ of entry, in which the demandants counted on their own seizin in fee and in mortgage, and on a joint disseizin by the tenant. At the March term of the common pleas, in 1849, the demandants recovered judgment against both the tenants, on their default without appearance. The error assigned was the infancy of Hamilton, one of the defendants in the original action. After plea to the writ of error, it appeared on the hearing, that Hamilton was an infant when the judgment was rendered, and no guardian was appointed for him. The defendants in error,…
1Opinion of the CourtPerley, J.
An appearance by an attorney of the court where the cause is pending, is presumed to have been regularly made, and with due authority, until the contrary is shewn. Leavitt v. Wallace, 12 N. H. Rep. 489; Penobscot Boom v. Lamson, 4 Shepley 202; Bridgton v. Bennet, 10 Shepley 420. Nothing appears in this case to rebut the presumption. Besides, the application could not be entertained without notice, especially after plea pleaded. Knowlton v. Plantation No. 4, 2 Shepley 24. It is quite clear on the authorities, that this judgment must be reversed, which brings us to the defendants’ motion that…
2Cases cited2 opinions
- Dewitt v. PostNew York Supreme Court · 1814
- Leavitt v. WallaceSuperior Court of New Hampshire · 1842