Flanders v. Stewartstown
Supreme Court of New Hampshire
The town of Stewartstown is summoned to answer to the plaintiff: "In a plea of the case for that there was on, &c., a certain public highway in said town of Stewartstown, which highway the said inhabitants of said town were then, and still are, bound to keep and maintain in good and sufficient repair, and free from all obstructions, which said highway is known as the Hollow road,” &c. ■ The declaration, after describing the road, alleged that the plaintiff on, &c., was…
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The town of Stewartstown is summoned to answer to the plaintiff: "In a plea of the case for that there was on, &c., a certain public highway in said town of Stewartstown, which highway the said inhabitants of said town were then, and still are, bound to keep and maintain in good and sufficient repair, and free from all obstructions, which said highway is known as the Hollow road,” &c. ■ The declaration, after describing the road, alleged that the plaintiff on, &c., was driving on said highway, and was thrown from his carriage, and injured, by reason of a defect in said highway, &c. Plea,…
1Opinion of the CourtSargent, J.
The description of defendant town is manifestly defective. But this defect might have been cured by amendment. Foster v. Lane, 30 N. H. 305 ; Lebanon v. Griffin, 45 N. H. 558, and cases cited. Ordinarily any defect that might be cured by amendment will not be a sufficient ground for arresting the judgment. 3 Black. Com. 394. And even where there is such a defect in pleading as would have been fatal upon demurrer, yet if the issue joined be such as necessarily required on the trial, proof of the facts, so defectively or imperfectly stated or omitted, such defect, imperfection or omission, is…
2Cases cited6 opinions
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Pangburn v. RamsayNew York Supreme Court · 1814
- Sleght v. HartshorneNew York Supreme Court · 1807
- Moor v. BoswellMassachusetts Supreme Judicial Court · 1809
- Morey v. HomanSupreme Court of Vermont · 1838
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