Cross v. Wilder

Decided June 5, 1883

Supreme Court of New Hampshire · decided 1883-06-05

The action was entered “ Neither party ” at the September term, 1880. At the January term, 1883, the plaintiff’s motion to bring the action forward and' strike off the entry of “ Neither party ” was granted, and the defendant excepted. The defendant, having been notified of the motion, appeared by counsel specially, and objected that the court had no jurisdiction, the action having been entered “Neither party ” by agreement.

Cited by 1 later decisions — most recently June 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-06-05

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Dob, C. J.

¶1 The question is not open in this state.

¶2 Fxceptions overruled.

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

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Case posture

Posture: The action was entered Neither party at the September term, 1880. At the January term, 1883, the plaintiff's motion to bring the action forward and strike off the entry of Neither party was granted, and the defendant excepted. The defendant, having been notified of the motion, appeared by counsel specially, and objected that the court had no jurisdiction, the action having been entered Neither party by agreement. That entry was made on the suggestion of the plaintiff's counsel, who understood the suit had been settled. There had been negotiations for an adjustment, but the suit was not settled. When the plaintiff learned that the action had gone off the docket, he took measures to have it reinstated, but this motion was reasonably delayed on representations of the defendant's counsel that the parties were negotiating, and would probably come to a settlement.

Source: CourtListener

Court

Supreme Court of New Hampshire