Proprietors of Sunapee v. Eastman
Supreme Court of New Hampshire
Writ op Entry, dated January 15,1853, brought to recover the possession of a certain piece of land in the town of Sunapee, being part of lot No. 6, in the 7th range of 85 acre lots in said town.
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Writ op Entry, dated January 15,1853, brought to recover the possession of a certain piece of land in the town of Sunapee, being part of lot No. 6, in the 7th range of 85 acre lots in said town. Defendant pleads the general issue, and files a brief statement that there is no such corporation as the proprietors of the town late called Wendell, and now called Sunapee. ' The following facts are agreed upon by the parties: On the 7th day of November, 1768, all the land in the town of Sunapee (late Wendell) was granted by the name of Saville, to Oliver Corey and ninety-five others, who accepted…
1Opinion of the CourtEastman, J.
As we understand the plaintiffs’ position in this case, it is this, that, the name of the town having been changed by the Legislature, the aetion is correctly brought in the new name; or, at most, that the error is but a misnomer, and should be pleaded in abatement.
It is no doubt true that, as a general rule, misnomer is plead-able only in abatement. Bacon’s Abr., Misnomer, E; Carth. 124 ; 1 Bos. & Pul. 40; 6 Maule & Selwyn 46 ; Burnham v. Savings Bank, 6 N. H. 446.
It is no plea in bar, because it does not deny the cause of action; nor can it be assigned for error, unless it has been pleaded…
2Cases cited1 opinion
- J. H. Brown & Co. v. GrinnanCourt of Appeals of Texas · 1884