Burnham v. Plant
Supreme Court of New Hampshire
From Grafton Circuit Court. Trespass, quare clausum, for breaking and entering lot No. 7, in Range 5, in Littleton, and carrrying away wood and timber, &c. The plaintiff asked leave to amend by filing a new count in trespass de bonis, for taking and carrying away the wood and timber described in the original declaration. Amendment allowed subject to the defendant’s exception, and the questions of law arising thereon were transferred to this court by Foster, O. J., C. C.
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. In his original declaration the plaintiff seeks to recover damages of the defendant for carrying away his wood and timber, and this grievance is there stated with the additional circumstance that the defendant broke and entered his close. By the proposed amendment he seeks to recover for carrying away the same wood and timber, but omits the circumstance of the breaking and entering. I think the amendment comes quite within the statute, and the practice under it in this state, and should be allowed.
2Cited by2 opinions
- Connell v. PutnamSupreme Court of New Hampshire · 1878
- Fogg. v. HoskinsSupreme Court of New Hampshire · 1878