Austin v. Thomson
Supreme Court of New Hampshire
Indebitatus Assumpsit. The writ was dated January 2,1863. The first count was in common form for use and occupation of a dwelling house.
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Indebitatus Assumpsit. The writ was dated January 2,1863. The first count was in common form for use and occupation of a dwelling house. The second count was as follows : "For that the defendant, and one Oliver L. Reynolds, now deceased, whom the defendant has survived, at Dover aforesaid, on the first day of May, 1862, in the lifetime of said Reynolds, being indebted to the plaintiff in the further and other sum of five hundred dollars for the use and occupation of a certain dwelling house of the plaintiff, situate in Dover, with the appurtenances for a iong time used and occupied by said…
1Opinion of the CourtBartlett, J.
The defendant’s first exception seems properly abandoned, for Ave think that the denial of the motion for a nonsuit Avas right.
It has been said that " the production of papers upon notice docs not make them evidence in the cause, unless the party calling for them inspects them so as to become acquainted Avith their contents; in Avhich case the English rule is, that they are evidence for both parties.” 1 Greenl. Ev. sec. 568; 1 Stark. Ev. *403; Roscoe Ev. 6. Phillips, however, merely states that it has been so held, 2 Phill. Ev. (3d Am. Ed.) 222; while Tidd says that an inspection of papers by the…
2Cases cited4 opinions
- Lawrence v. Van Horne & ClarksonNew York Supreme Court · 1803
- Blake v. RussSupreme Judicial Court of Maine · 1851
- Jordan v. WilkinsU.S. Circuit Court for the District of Pennsylvania · 1811
- Saunders v. DuvalTexas Supreme Court · 1857
3Cited by2 opinions
- In Re FoleyDistrict Court, D. Nebraska · 1951
- Burns v. SosmanSupreme Court of New Hampshire · 1974