Lyman v. Dodge
Superior Court of New Hampshire
W rit ok Entry, in which the plaintiif demanded “ a certain piece of land, with its appurtenances, situate in Bath, and known as lot number twenty, in the third range of hundred acres lots east of the river Amonoosuck, bounded on the southwest by that lot known as the White & Porter lot, being also the same on which said 'tenant resides, and containing about one hundred acres,” &c. The plaintiff counted upon his own seizin, and a disseizin by the tenant.
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W rit ok Entry, in which the plaintiif demanded “ a certain piece of land, with its appurtenances, situate in Bath, and known as lot number twenty, in the third range of hundred acres lots east of the river Amonoosuck, bounded on the southwest by that lot known as the White & Porter lot, being also the same on which said 'tenant resides, and containing about one hundred acres,” &c. The plaintiff counted upon his own seizin, and a disseizin by the tenant. The defendant’s plea commenced, “ And the said Dodge comes and defends, &c., when, &c.,” and it then prayed oyer of the writ and…
1Opinion of the CourtParker, C. J.
It is undoubtedly true that pleas in abatement, while they are attended with some advantages, are not unfrequently the means of injury to innocent parties. Suits are occasionally defeated by them, where irreparable loss ensues, because attachments are thereby dissolved, and, the debtor being insolvent, the debt cannot afterwards be secured. And this may result from a mere inadvertence óf the counsel, by reason of which the summons does not contain the substance of the declaration.
This is a matter which commends itself to the attention of the legislature. One provision of our statutes enacts,…
2Cases cited2 opinions
- Clark v. BrownSuperior Court of New Hampshire · 1833
- Knowles v. RowellSuperior Court of New Hampshire · 1837