Emmett & Emmett v. Briggs

The declaration contains but one count, for taking, a quantity of rails in the township of Weymouth in the county of Atlantic. The defendant pleaded property in Caldwell and Richards, under whom, &c.

On the trial of the cause at the Atlantic Circuit in October 1843, the counsel of the plaintiffs admitted that the place from which the rails had been taken was in the township of Hamilton, and not in the township of Weymouth, the place stated in the declaration* and thereupon the counsel of the defendant objected to any evidence of a taking in Hamilton. The objection was overruled by the judge,…