From Casetext: Smarter Legal Research

Field v. Smith

Supreme Court of New Hampshire Rockingham
Jun 1, 1883
62 N.H. 698 (N.H. 1883)

Opinion

Decided June, 1883.

APPEAL from the decision of the commissioner disallowing the plaintiff's claim.

The action was entered at the last January term. Copies of the petition and declaration were produced and filed, but there had been no service thereof or of any order of notice upon the defendant, who appeared specially, and within the first four days of the term moved that the action be for that cause dismissed. The motion was not disposed of, and now at this term the defendant renews the motion, to which the plaintiff objects, and moves for leave to serve the defendant now with a copy of the petition and declaration, to which the defendant objects.

W. R. Patten, for the plaintiff.

G. C. G. K. Bartlett, for the defendant.


No reason appears from the case why the appeal should not be dismissed for want of service; and from the fact that the plaintiff has furnished no brief, we infer that no sufficient reason exists.

Appeal dismissed.

CARPENTER, J., did not sit: the others concurred.


Summaries of

Field v. Smith

Supreme Court of New Hampshire Rockingham
Jun 1, 1883
62 N.H. 698 (N.H. 1883)
Case details for

Field v. Smith

Case Details

Full title:FIELD v. SMITH, Adm'r

Court:Supreme Court of New Hampshire Rockingham

Date published: Jun 1, 1883

Citations

62 N.H. 698 (N.H. 1883)

Citing Cases

State v. Hazzard

One obvious remedy for this judicial malady is to fall back on the familiar rubric that an exception taken in…

McNamara v. MacCormac

An examination of the defendants' brief, the exhibits, and the satisfactory opinion of the court below…