Ladd v. Stratton

Supreme Court of New Hampshire

Ladd v. Stratton

59 N.H. 200

CourtSupreme Court of New Hampshire

DecidedJune 5, 1879

StatusPublished

Cited by1 cases

This text of 59 N.H. 200 (Ladd v. Stratton) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ladd v. Stratton, 59 N.H. 200 (N.H. 1879).

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Opinion

Stanley, J.

The plea in abatement is bad. It does not fully set out the record of the prior action. The rule is uniform in this state, that a defendant, who by plea in abatement relies on the record or process of any court, must enroll in or with his plea the record or process on which he relies. Smith v. Ins. Co., 22 N. H. 25. This is required, so that the court may have the whole record before them, and judge from its inspection whether the facts are as alleged.

Demurrer overruled.

Bingham and Smith, JJ., did not sit: the others concurred.

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Stanley, J.

The plea in abatement is bad. It does not fully set out the record of the prior action. The rule is uniform in this state, that a defendant, who by plea in abatement relies on the record or process of any court, must enroll in or with his plea the record or process on which he relies. Smith v. Ins. Co., 22 N. H. 25. This is required, so that the court may have the whole record before them, and judge from its inspection whether the facts are as alleged.

Demurrer overruled.

Bingham and Smith, JJ., did not sit: the others concurred.

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Bluebook (online)

59 N.H. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ladd-v-stratton-nh-1879.

Opinion

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