Jones v. Winchester
Superior Court of New Hampshire
Debt upon a judgment rendered by a justice of the peace in the county of Windsor, Vermont, on the 1st March, 1833, for $44,19, damage, and $1,48, costs. Winchester was described in the writ as of Woodstock, Vermont, and the plaintiff as of the same place- But Comings, was described as of Cornish, in this county.
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Debt upon a judgment rendered by a justice of the peace in the county of Windsor, Vermont, on the 1st March, 1833, for $44,19, damage, and $1,48, costs. Winchester was described in the writ as of Woodstock, Vermont, and the plaintiff as of the same place- But Comings, was described as of Cornish, in this county. The trustee filed a plea as follows :— And now the said G. T. Comings comes and defends, &c. and saith that he ought not to be held to answer, &c. because he saith that he, the said Comings, at the time when he was summoned, was, and fora Jong time before bad been, and still is, an…
1Opinion of the CourtGreen, J.
The plea filed in this case is in its nature a plea to the jurisdiction of the court, and as such is clearly bad. A plea to the jurisdiction of the court in a transitory action, is proper, where some court in the state has jurisdiction, but not the court in which the action is brought. 3 Mass. Rep. 24, Rea v. Hayden; 5 ditto, 362, Lawrence v. Smith; 1 Chitty’s Pl. 432.
But in this case the action was brought in the proper court, if any court in the state has jurisdiction. The trustee must answer farther.
It appears by the writ that the plaintiff and the principal are inhabitants of another…
2Cases cited1 opinion
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
3Cited by4 opinions
- Young v. RossSuperior Court of New Hampshire · 1855
- Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
- Flanders v. AtkinsonSuperior Court of New Hampshire · 1846
- Sawyer v. ThompsonSuperior Court of New Hampshire · 1852