4 N.H. 212
Superior Court of New Hampshire
Decided November 15, 1827
Superior Court of New Hampshire · decided 1827-11-15
This was a writ of entry. The demandants’ counsel moved for leave to strike out the names of two of the demandants, from the writ and declaration, they being tenants in common of the land demanded with other de-mandants. And in support of the motion, Goodall referred the court to 1 Pick. 224, Rehoboth and Sekonk v. Hunt ; 7 Mass. Rep. 291, Cokord v. Swan ⅜ ux.
Cited by 2 later decisions — most recently June 1874
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1827-11-15
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¶1We are of opinion that the motion of the demandants cannot be legally sustained. The cases to which we have been referred seem to show the practice to be in Massachusetts, to strike out the name of a party by way of amendment. But the practice is believed to be peculiar to that state. No authority is cited to warrant it in the cases which have been cited. In this state no such practice has ever prevailed.
¶2Leave to amend refused, and demandants nonsuit.