Opinion
Decided June, 1879.
CASE, tried by jury in April, 1878. Reserved questions of law were decided at the law term, March, 1879, 58 N.H. 611. Judgment was rendered on the verdict for the plaintiff in April, 1879, and at the same time the defendants moved that the action be brought forward for review.
Ray, Drew Jordan, for the defendants.
Twitchell and Ladd Fletcher, for the plaintiff.
For some purposes, a review is a new action. Haven v. Libbey, Smith (N.H.) 109; Barker v. Barker, 39 N.H. 408, 409; Cahoon v. Coe, 57 N.H. 556, 599; Camp v. Hilliard, 58 N.H. 42; Page v. Brewster, 58 N.H. 126. But it is settled that the right of review in such cases as this is not affected by c. 64 of Laws of 1878. Rowell v. B. M. R. R., ante, p. 35.
Motion granted.
STANLEY, J., did not sit: the others concurred.