New Hampshire Revised Statutes 515:14 – Setoff Exceeding Jurisdiction
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Terms Used In New Hampshire Revised Statutes 515:14
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
If, in an action before a municipal court, the defendant pleads a setoff or files a setoff with the general issue which exceeds the jurisdiction of the court, and accompanies it with an affidavit that the claims mentioned in the setoff are, in his belief, justly due and owing to him, no further proceedings shall be had before the municipal court than to record the plea and setoff, and, if the plaintiff so elects, to enter a nonsuit.