Spofford v. Smith

Supreme Court of New Hampshire

Spofford v. Smith

55 N.H. 228, 1875 N.H. LEXIS 64

DecidedMarch 13, 1875

StatusPublished

This text of 55 N.H. 228 (Spofford v. Smith) 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

Spofford v. Smith, 55 N.H. 228, 1875 N.H. LEXIS 64 (N.H. 1875).

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Opinions

By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, *Page 229 unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.

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By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, *Page 229 unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.

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Bluebook (online)

55 N.H. 228, 1875 N.H. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spofford-v-smith-nh-1875.