LYFORD v. TRUSTEES OF BERWICK ACADEMY

No. 4041.

97 N.H. 167 (1951)

STEWART A. LYFORD & a. v. TRUSTEES OF BERWICK ACADEMY.

Supreme Court of New Hampshire.

September 11, 1951.


Attorney(s) appearing for the Case

Sulloway, Piper, Jones, Hollis & Godfrey (Mr. Jones orally), for the plaintiffs.

Varney & Fuller and H. Thornton Lorimer (Mr. Lorimer orally), for the defendant.


DUNCAN, J.

The law is well settled in this jurisdiction that "an objection to service or notice is waived when a party, by general appearance or otherwise, submits any other question, except the sufficiency of service or notice, to the court or other tribunal." Roberts v. Stark, 47 N.H. 223, 225; Dolber v. Young, 81 N.H. 157, 159, and cases cited. See also, Maryland Cas. Co. v. Martin, 88 N.H. 346; Nelson v. Morse...

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