59 N.H. 200
Supreme Court of New Hampshire
Decided June 5, 1879
Supreme Court of New Hampshire · decided 1879-06-05
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 de~ ■ fendant did not enroll the record of the prior action.
Cited by 2 later decisions — most recently October 1913
2 state decisions
Relies on Smith v. Atlantic Mutual Fire Insurance
Good law ✅— No negative treatment on recordhow we know
Decided 1879-06-05
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¶1 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.
¶2 Demurrer overruled.