Summary
In Jenne v. Harrisville, 63 N.H. 405, it was held in accordance with numerous authorities that, "Foreign unwritten law, including the prevailing construction of a foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term."
Summary of this case from Hansen v. RailwayOpinion
Decided June, 1885.
Foreign unwritten law, including the prevailing construction of a Foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term.
CASE. The plaintiff is a citizen of Vermont, and questions were raised as to the law of that state.
N. B. Bryant (of Massachusetts) (Lane Dole with him), for the plaintiff, cited Gen. Sts. Vt., c. 72, s. 1, and c. 20; Poultney v. Glover, 23 Vt. 328; Brown v. Ramsay, 29 N. J. L. 117; Guild v. Guild, 15 Pick. 129; Cromwell v. Benjamin, 41 Barb. 558; Hillsborough v. Deering, 4 N.H. 86.
Batchelder Faulkner, for the defendants, cited 2 Kent Com. 459; Sto. Conf. Laws, s. 101; Gen. Sts. Vt., c. 72, s. 1; Kelley v. Davis, 49 N.H. 187.
Foreign unwritten law, including the prevailing construction of a foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term. Leach v. Pillsbury, 15 N.H. 137; Beach v. Workman, 20 N.H. 379; Watson v. Walker, 23 N.H. 471; Pickard v. Bailey, 26 N.H. 152; Holton v. Gleason, 26 N.H. 501; Emery v. Berry, 28 N.H. 485; Taylor v. Barron, 30 N.H. 100; Ferguson v. Clifford, 37 N.H. 87; Kennard v. Kennard [ante 303, 308]; Dyer v. Smith, 12 Conn. 384, Holman v. King, 7 Met. 384; Kline v. Baker, 99 Mass. 253; 1 Gr. Ev., ss. 486, 488; Sto. Conf. Laws, ss. 637-639
Case discharged.
CARPENTER, J., did not sit: the others concurred.