Superior Court of New Hampshire, 1850

McQueston v. Young

McQueston v. Young
Superior Court of New Hampshire · Decided December 15, 1850 · Bell
21 N.H. 462
McQueston v. Young

Opinion of the Court

Bell, J.

This is a loose and slovenly mode of declaring, only to be tolerated because of its frequent use. The plaintiff cannot proceed to trial without a specification or amendment; and upon a default, he can have no judgment without an actual assessment of damages, upon evidence laid before the court or a jury. The Court are not inclined to countenance this mode of declaring; and considering the necessity of an amendment or specification, as the fault of the plaintiff, will permit no amendment to be made or specification to be filed, except upon terms designed to discourage the practice.

Leave to amend granted on terms.

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