Davis v. Morse
Superior Court of New Hampshire
Complaint, for not entering an action. The defendant, Morse, brought an action of debt against the complainant, Davis, before a justice of the peace, for a penalty for cutting trees. Davis pleaded, that he was in possession of the premises on ■which the trees were cut, under a lease for three years, from Morse to him, and that he cut the trees for fuel, as he had a right to do by the terms of the lease. Morse replied, substantially denying the lease.
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Complaint, for not entering an action. The defendant, Morse, brought an action of debt against the complainant, Davis, before a justice of the peace, for a penalty for cutting trees. Davis pleaded, that he was in possession of the premises on ■which the trees were cut, under a lease for three years, from Morse to him, and that he cut the trees for fuel, as he had a right to do by the terms of the lease. Morse replied, substantially denying the lease. Davis then contended, that by the state of the pleadings the title to real estate was brought in question and the justice ousted of his…
1Opinion of the CourtBell, J.
By the Constitution of N. H. pt. 2, § 77, and the Rev. Stats, ch. 175, the jurisdiction of justices is restricted in all actions in which the title of real estate is drawn in question. Of this class must be all real actions and actions of ejectment and many cases of covenant, replevin, debt for rent, &c., as well as cases of trespass, in which soil and freehold or other pleas drawing in question the title to real estate may be pleaded. But in terms, the special provision of the statute allowing the entry and prosecution in the Court of Common Pleas, of actions originally commenced before a…
2Cases cited3 opinions
- Striker v. MottNew York Supreme Court · 1831
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Pritchard v. AtkinsonSuperior Court of New Hampshire · 1828