59 N.H. 244 | N.H. | 1879
Whether the warrant could be used again after the respondent had once been discharged without a trial, it is unnecessary *245
to consider. If the objection could be interposed, it should have been made when the respondent was brought before the magistrate. Any objection to the exercise of jurisdiction intended for the benefit of a party must be taken by him at the earliest practicable opportunity after he has become aware of it, or he will be deemed by his delay to have waived it. Warren v. Glynn,
The objection that W.'s commission as justice of the peace had expired cannot be considered, unless the case is amended to show the fact.
Exceptions overruled.
DOE, J., did not sit: the others concurred.