Tinkham v. Boston & Maine Railroad

“The plea in abatement is bad. It does not fully set out the record of the prior action. The rule is uniform in this state, that a defendant, who by plea in abatement relies on the record or process of any court, must enroll in or with his plea the record or process on which he relies. Smith v. Insurance Co., 22 N. H. [21], 25.” Ladd v. Stratton, 59 N. H. 200.

The argument of the defendant in the case at bar, that the rule as to enrollment does not apply when both cases are in the same court, cannot prevail. That was the situation in the case above quoted from, and the point was then fully…