58 N.H. 201 | N.H. | 1877
The indorsements were not competent evidence. They were not shown to be in the defendant's handwriting, or in the handwriting of any one that made them evidence against him. Nor were they verified by payments. Marshall v. Daniels,
No action call be sustained against an executor unless the demand was exhibited to him within two years from the original grant of administration, according to Gen. St., c. 179, ss. 2, 3
The plaintiff must prove this fact affirmatively, in order to recover under the general issue. It is a part of his case. Mathes v. Jackson,
The question, that the suit was not brought within three years from the time of the original grant of administration, as required by Gen. St., c. 179, s. 5, is not raised by the pleadings, and we do not express any opinion in regard to it; but if it should be raised, it is difficult to see how the plaintiff could maintain this action upon the facts that now appear in the case. Walker v. Cheever,
Verdict set aside.
FOSTER J., did not sit.