Gagnon v. Croft Manufacturing & Rental Co.

It has long been established in this state that “An objection to service or notice is waived when a party . . . submits any other question, except the sufficiency of the service or notice, to the court . . . .” Roberts v. Stark, 47 N. H. 223, 225; Dolber v. Young, 81 N. H. 157; Lyford v. Academy, 97 N. H. 167. The Trial Court in the case before us has correctly ruled that the defendant has waived its claim of lack of jurisdiction by including a plea of the statute of limitations.

The defendant contends that the plea of the statute of limitations does not go to the merits but is an additional…