3 N.H. 523
Superior Court of New Hampshire
Decided November 15, 1826
Superior Court of New Hampshire · decided 1826-11-15
Assumpsit The declaration contained three counts. The defendant, in the first place, pleaded the general issue to the whole declaration. He then pleaded in bar of the fust count, but without alleging that he did it by leave of the court, that he never promised within six years. The plaintiff joined in the general issue, and demurred to the plea in bar of the first count, and assigned for cause, that the said plea was pleaded without leave of the court.
Cited in Bouvier (1914)’s definition of “Leave Of Court”
Decided 1826-11-15
¶1If the plaintiff in this case had treated all the pleadings, on the part of the defendant, as one plea, and had demurred to it, assigning duplicity as a cause of demurrer, it might have deserved consideration, rvhether the pleas, in their present shape, could have been supported. But it is very clear, that on this demurrer the second plea is in form sufficient. The case of Ryley vs. Parkhurst et a. (1 Wils. 219,) is directly in point.
¶2JudgmentJor the defendant.