Osgood v. Green
Superior Court of New Hampshire
Appeal from the judgment of a justice of the peace. The action was replevin for a three years old bull; and the declaration alleged that the defendant, on the 14th day of June, 1852, in a certain close described in the declaration, took the bull and unjustly detained him. The defendant avowed and justified the taking of the bull as damage-feasant, but did not avow or justify, or in any way answer or defend the detention, and issue was joined on the question of damage.
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Appeal from the judgment of a justice of the peace. The action was replevin for a three years old bull; and the declaration alleged that the defendant, on the 14th day of June, 1852, in a certain close described in the declaration, took the bull and unjustly detained him. The defendant avowed and justified the taking of the bull as damage-feasant, but did not avow or justify, or in any way answer or defend the detention, and issue was joined on the question of damage. The plaintiff demurred to the avowry. The defendant excepted to the ruling of the court in granting leave to the plaintiff to…
1Opinion of the CourtEastman, J.
This case, though very brief, presents two questions, and one of them has required considerable examination.
In the order of time, the first question arises upon the ruling of the court, granting leave to the plaintiff to withdraw his plea and demur. With regard to this point, the rule is this: If upon the appeal papers being presented, sufficient does not appear upon them to give the appellate court jurisdiction, the amendment cannot be granted so as to obtain jurisdiction. Or if the amendment desired would introduce new matter, which the court below had not jurisdiction to determine, then it…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Hopkins v. HopkinsNew York Supreme Court · 1813