Roulo v. Valcour
Supreme Court of New Hampshire
Trespass, for an assault and. false imprisonment. Plea, the general issue, with a brief statement justifying, as a police officer of the city of Nashua, arresting the plaintiff on view of an offence committed by him. The plaintiff excepted to the ruling of the court, admitting in evidence an ordinance of the city relating to police offences, on the ground that the brief statement did not specially set out the ordinance. Verdict for the defendant.
1Opinion of the CourtFoster, J.
In a criminal case, if the offence can be fully and plainly, substantially and formally, described without the recital of a special statute, by-law, or ordinance, the recital is by statute declaimed unnecessary. Gen. St., c. 242. s. 10. But of the validity of such a rule, in civil or criminal proceedings, we need not in this case inquire. We should not be justified in wasting, upon an unnecessary and barren question of pleading, the time that is needed for the consideration of subjects of some importance. When such a question can be readily avoided by an amendment, an amendment may be…
2Cases cited3 opinions
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Armstrong v. PercyNew York Supreme Court · 1830
- Williams v. WoodNew York Supreme Court · 1835
3Cited by7 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- O'Connor v. BucklinSupreme Court of New Hampshire · 1879
- McDermott v. HayesSupreme Court of New Hampshire · 1880
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