4 N.H. 527 | Superior Court of New Hampshire | 1829
It seems to be a good plea in abatement, that the remedy is misconceived by the plaintiff, although such a plea has been rarely used in modern times. 1 Chitty’s Pl. 442; Com. Dig. “ Abatement” G. 5; 1 Shower, 68, Wilkins v. Wilkins; 1 Tidd’s Practice, 583.
It is a well settled principle, that when the legislature authorizes an act, the necessary and natural consequence
Judgment that the writ abate.