From Casetext: Smarter Legal Research

Brooks v. Howard

Supreme Court of New Hampshire Cheshire
Mar 1, 1877
58 N.H. 91 (N.H. 1877)

Opinion

Decided March, 1877.

The question, whether a new trial should be granted in a chancery suit, on the ground that by reason of newly discovered evidence a further hearing would be equitable, is a question of fact to be decided at the trial term.

IN EQUITY. After a verdict for the plaintiffs on issues submitted to a jury, the defendant petitioned for a new trial on the ground of newly discovered evidence.

Faulkner, for the defendant.

Lane, for the plaintiffs.


In cases like this, in Which there is no right of review, the practice of granting new trials is more liberal than in reviewable actions. Ordway v. Haynes, 47 N.H. 9. The question, whether a new trial should be granted on the ground that by reason of newly discovered evidence a further hearing would be equitable (Gen. St., c. 215, s. 5), is a question of fact to be decided at the trial term.

Case discharged.


Summaries of

Brooks v. Howard

Supreme Court of New Hampshire Cheshire
Mar 1, 1877
58 N.H. 91 (N.H. 1877)
Case details for

Brooks v. Howard

Case Details

Full title:BROOKS a. v. HOWARD

Court:Supreme Court of New Hampshire Cheshire

Date published: Mar 1, 1877

Citations

58 N.H. 91 (N.H. 1877)

Citing Cases

Watkins v. Railroad

Two early cases are relied upon as authority for the proposition that a mistake of counsel in the conduct of…

Trust Co. v. Portsmouth

The question of fault is a question of fact, to be determined at the trial term. Brooks v. Howard, 58 N.H.…