Janvrin v. Scammon
Superior Court of New Hampshire
Trespass, quare clausum fregit. The action was brought before a justice of the peace, and after a plea of title pleaded, was entered in the court of common pleas. The declaration did not designate the close by name, or abuttals, or other description, except being “ the plaintiff’s close in Stratham.”
Read the full summary
Trespass, quare clausum fregit. The action was brought before a justice of the peace, and after a plea of title pleaded, was entered in the court of common pleas. The declaration did not designate the close by name, or abuttals, or other description, except being “ the plaintiff’s close in Stratham.” Before the justice, the defendant pleaded, first, the general issue; secondly, that the said close, in which said supposed trespasses were done, was not, at the said time, when, &e., the close of the plaintiff; thirdly, soil and freehold in himself. In the court of common pleas, the plaintiff…
1Opinion of the CourtBell, J.
In actions of trespass, where the defendant pleads any special plea, by which the title of real estate maybe drawn in question, it becomes the duty of the justice to record the plea, and no further proceedings can be had before him, unless the plaintiff elects to become nonsuit, in which case a judgment for costs may be rendered against him. Upon such special plea being filed, “ the plaintiff may enter his action at the next court of common pleas for the county, and file there attested copies of the writ, plea, and all other papers used in the cause, and prosecute the action in the same…
2Cases cited1 opinion
- Wheeler v. RowellSuperior Court of New Hampshire · 1835