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LADD v. STRATTON

Supreme Court of New Hampshire Grafton
Jun 1, 1879
59 N.H. 200 (N.H. 1879)

Opinion

Decided June, 1879.

A plea in abatement, alleging the pendency of a prior action for the same cause, is bad on demurrer, if the record of the prior action is not enrolled.

WRIT OF ENTRY. Plea in abatement, alleging the pendency of a prior action for the same cause. The plaintiff filed a replication, to which there was a demurrer by the defendant. The defendant did not enroll the record of the prior action.

Bingham Mitchell, for the defendant.

Carpenter and Batchellor for the plaintiff.


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.


Summaries of

LADD v. STRATTON

Supreme Court of New Hampshire Grafton
Jun 1, 1879
59 N.H. 200 (N.H. 1879)
Case details for

LADD v. STRATTON

Case Details

Full title:LADD v. STRATTON

Court:Supreme Court of New Hampshire Grafton

Date published: Jun 1, 1879

Citations

59 N.H. 200 (N.H. 1879)

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