Ameriscoggin Bridge v. Bragg
Superior Court of New Hampshire
TRespass, brought before a justice of the peace, and appealed to the court of common pleas by the defendant, for breaking open and damaging a toll-gate of the plaintiffs’, standing at the end of the Ameriscoggin bridge, in Errol, and breaking and destroying the lock on the gate, on the 28th day of March, A. D. 1837. The defendant plead in bar, 1. That there is no such corporation authorized to sue; and tendered an issue to the country, which was joined.
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TRespass, brought before a justice of the peace, and appealed to the court of common pleas by the defendant, for breaking open and damaging a toll-gate of the plaintiffs’, standing at the end of the Ameriscoggin bridge, in Errol, and breaking and destroying the lock on the gate, on the 28th day of March, A. D. 1837. The defendant plead in bar, 1. That there is no such corporation authorized to sue; and tendered an issue to the country, which was joined. The defendant plead, for a second plea, that he owned the land upon which the bridge was situated ; and that the plaintiffs, without license…
1Opinion of the CourtUpham, J.
There is no evidence in this case, except what appears from the testimony of the witnesses Chamberlain and Davis, and the copy of the charter granted to the plaintiffs by the legislature.
Exceptions are taken, both as to the competency of this testimony to sustain the issues raised by the pleadings, and to the admissibility of the witnesses, on the ground of interest.
It is contended that when suit is brought by a corporation against a person claiming a right, it is necessary, under a plea that there is no such corporation, to show an act of incorporation, and an organization under it, by…
2Cases cited3 opinions
- Hepburn v. M'DowellSupreme Court of Pennsylvania · 1828
- Woodbury v. ParshleySuperior Court of New Hampshire · 1834
- Irwin ex rel. Simpson v. ReedSupreme Court of Pennsylvania · 1808
3Cited by2 opinions
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850
- Batchelder v. SanbornSuperior Court of New Hampshire · 1851