Kittredge v. Emerson
Superior Court of New Hampshire
Assumpsit, upon an account annexed to tbe writ. At tbe court of common pleas, February term, 1843, tbe defendant pleaded, in bar of tbe farther maintenance of tbe action, that on tbe 26tb day of April, 1842, be resided in, and was a citizen of this State — that be was owing debts wbicb be was unable to pay, and on that day, by petition, applied to the district court of the United States for the district of New-IIampshire, for the benefit of the act of Congress of the United…
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Assumpsit, upon an account annexed to tbe writ. At tbe court of common pleas, February term, 1843, tbe defendant pleaded, in bar of tbe farther maintenance of tbe action, that on tbe 26tb day of April, 1842, be resided in, and was a citizen of this State — that be was owing debts wbicb be was unable to pay, and on that day, by petition, applied to the district court of the United States for the district of New-IIampshire, for the benefit of the act of Congress of the United States, entitled “ an act to establish a uniform system of bankruptcy throughout the United States” — that he was, on…
1Opinion of the CourtParker, C. J.
Two exceptions to the replication have been taken by the defendant’s counsel, but bpth must be overruled.
The allegation of the delivery of the summons on the fifth day of March, before the suit was instituted, is repugnant to the other matter of the replication; but it is immaterial, and may be rejected as surplusage. The defendant has entered a general appearance to the action, and has pleaded to the merits. If there was any irregularity in the service of the summons, he should have taken advantage of it in abatement, or on a motion to quash the writ. As he did neither, he waived all…
2Cases cited17 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Thompson v. TolmieSupreme Court of the United States · 1829
- Rose v. HimelySupreme Court of the United States · 1808
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Shumway v. StillmanNew York Supreme Court · 1831
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Heath Ex Rel. Heath v. SeymourSupreme Court of New Hampshire · 1970
- Hollister v. AbbottSuperior Court of New Hampshire · 1855
- Clark v. CourserSuperior Court of New Hampshire · 1854
- Colby v. LeddenSuperior Court of New Hampshire · 1845
- Gove v. LawrenceSuperior Court of New Hampshire · 1853
2 more not listed; retrieve them via the Exa API.