McQueston v. Young

Superior Court of New Hampshire

McQueston v. Young

21 N.H. 462

DecidedDecember 15, 1850

StatusPublished

This text of 21 N.H. 462 (McQueston v. Young) is published on Counsel Stack Legal Research, covering Superior 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

McQueston v. Young, 21 N.H. 462 (N.H. Super. Ct. 1850).

Pincite

Opinion

Bell, J.

This is a loose and slovenly mode of declaring, only to be tolerated because of its frequent use. The plaintiff cannot proceed to trial without a specification or amendment; and upon a default, he can have no judgment without an actual assessment of damages, upon evidence laid before the court or a jury. The Court are not inclined to countenance this mode of declaring; and considering the necessity of an amendment or specification, as the fault of the plaintiff, will permit no amendment to be made or specification to be filed, except upon terms designed to discourage the practice.

Leave to amend granted on terms.

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Bell, J.

This is a loose and slovenly mode of declaring, only to be tolerated because of its frequent use. The plaintiff cannot proceed to trial without a specification or amendment; and upon a default, he can have no judgment without an actual assessment of damages, upon evidence laid before the court or a jury. The Court are not inclined to countenance this mode of declaring; and considering the necessity of an amendment or specification, as the fault of the plaintiff, will permit no amendment to be made or specification to be filed, except upon terms designed to discourage the practice.

Leave to amend granted on terms.

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Bluebook (online)

21 N.H. 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcqueston-v-young-nhsuperct-1850.