School District No 1 v. Blaisdell
Superior Court of New Hampshire
This was an action of trespass, for breaking and entering a school house of the plaintiffs, and taking and carrying away the windows. The cause was tried at November term, 1-832, upon the general issue, when the plaintiffs proved, that they had acted as a school district, and had been in possession of the school house for many years, and that the defendant entered the school house and took away the windows.
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This was an action of trespass, for breaking and entering a school house of the plaintiffs, and taking and carrying away the windows. The cause was tried at November term, 1-832, upon the general issue, when the plaintiffs proved, that they had acted as a school district, and had been in possession of the school house for many years, and that the defendant entered the school house and took away the windows. But no other evidence was offered to prove that the town of Orange had been divided into school districts. It was insisted, on behalf of the defendant, that the action could not he…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
The question is, whether, as the pleadings in this case stood, the plaintiffs were bound, in order to maintain the action, to show, that there was a school district, No. 1, in Orange, legally established ?
The general issue is, in its nature, a plea in bar with full defence, and is a waiver of all exceptions to the per*198son of the plaintiff. 1 Chitty’s Pl. 465, and 412—414; 2 Saund. 209, c; Coke Littleton, 127, b; Carthew, 229, Jentreer v Jenkins.
A plea, that there is no such person as the plaintiff, in rcrmu natura, is in abatement. Com. Dig. “ Abatement,” E,…
2Cases cited5 opinions
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- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
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