6 N.H. 434 | Superior Court of New Hampshire | 1833
delivered the opinion of the court.
The form of the conclusion of such pleas was settled in
It is settled that a plea in abatement must conclude with praying judgment of the writ. This plea is defective in this respect.
The case of Hixon v. Binns settles this case. In that case they did not pray judgment. Here judgment is prayed, but not of the writ. This is fatal.
Judgment of respondeas ouster.
Upham, J, having been of counsel in the cause did not sit.