Langdell v. Eastern Basket & Veneer Co.
Supreme Court of New Hampshire
Petition, filed during the January term, 1915, for leave to enter as of the September term, 1914, a writ returnable at that term. The defendants, a New York corporation, were doing business in this state May 22, 1914, when the plaintiff attached their property.
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Petition, filed during the January term, 1915, for leave to enter as of the September term, 1914, a writ returnable at that term. The defendants, a New York corporation, were doing business in this state May 22, 1914, when the plaintiff attached their property. The officer held it until some time after May 26, 1914, when he turned it over to receivers appointed by the federal court for the western district of New York on their agreement to hold it without prejudice to the plaintiff’s rights. On July 16, 1914, the federal court for the district of New Hampshire appointed the New York receivers…
1Opinion of the CourtParsons, C. J.
The court had power to permit the entry of the writ after the return day, if failure to enter it in due season was due to accident or mistake, and it would be equitable to permit such entry. Taylor v. Cobleigh, 16 N. H. 105; Chadbourne v. Sumner, 16 N. H. 129, 133, 134. Actions entered in a court, which has no jurisdiction because the action is local, may at any stage of the proceedings be entered in the court in which they should have been brought. Bartlett v. Lee, 60 N. H. 168; Lord v. Walker, 61 N. H. 261; Hayes v. Rochester, 64 N. H. 41; Tucker v. Lake, 67 N. H. 193. A suit brought for…
2Cases cited8 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Bartlett v. LeeSupreme Court of New Hampshire · 1880
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Tucker v. LakeSupreme Court of New Hampshire · 1892
- Brown v. EllsworthSupreme Court of New Hampshire · 1903
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3Cited by1 opinion
- American Electronic Laboratories, Inc. v. DoppDistrict Court, D. Delaware · 1972