Brown v. Miltimore
Superior Court of New Hampshire
Nontenure is in this state a plea in abatement and not ⅛ bar. This was a writ of entry. The tenant pleaded nontenure special in bar of the action. To this plea the demandant demurred, and the tenant joined in demurrer. cited Clark vs. Goodwin, 14 Mass. Rep. 239. — 2 Saund. 44, note 4. — 13 Mass. Rep. 439, Prescott vs. Hutchinson. cited Parker vs. Murphy, 12 Mass. Rep. 485. — Keith vs. Swan, 11 ditto 216,-Booth 28. —Rastall's Entries 225, 381, 404, 539.
1Opinion of the Court
By the court.
If in this state as in Massachusetts all pleas in abatement must by law be filed on the first day of the term, at which the action is entered, we should probably be induced to follow the decisions of the courts of that state, and permit nontenure to be pleaded in bar. But in this state pleas in abatement may be filed by our rules of practice any time during the first term ; so that tenants in real actions have ample time to instruct counsel, and avail themselves of a plea of nontenure in abatement, if they see fit. On the other hand, if the tenant be not in fact tenant of the…
2Cited by3 opinions
- Cocheco Manufacturing Co. v. WhittierSuperior Court of New Hampshire · 1839
- Young v. DearbornSuperior Court of New Hampshire · 1853
- Wheeler v. BatesSuperior Court of New Hampshire · 1850