McDonald v. Smith
Supreme Court of New Hampshire
Case, for slander. Trial by jury and verdict for the plaintiff. After the verdict, the defendant moved (1) to dismiss the suit because it was begun by trustee-process, and (2) to arrest the judgment because the declaration does not state a cause of action. Transferred from the January term, 1918, of the superior court by Marble, J., on the defendant’s exception to the denial of these motions, and (3) to remarks of counsel.
1Opinion of the CourtYoung, J.
1. If it were true that the court would have dismissed the suit on motion at any time before the trial, it would not follow that this motion should have been granted, for the court had jurisdiction of both the parties and the cause of action, consequently the defendant could legally do what the case finds he did do, waive his right, if he had such a right, to have the suit dismissed.
2. When a cause has been tried without objection to the sufficiency of the pleadings, the court will not take the time necessary to investí gate their technical accuracy. “If inaccurate, the error can be corrected…
2Cases cited1 opinion
- Barrett v. CadySupreme Court of New Hampshire · 1915
3Cited by2 opinions
- Lakeport National Bank v. LoringSupreme Court of New Hampshire · 1922
- Sexton Motors, Inc. v. Renault Northeast, Inc.Supreme Court of New Hampshire · 1981