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Baxter &C. Co. v. Public Service Company

Baxter Woolen Company, Inc. v. Public Service Company of New Hampshire

Baxter &C. Co. v. Pub. Serv. Co., 94 A.2d 371 (N.H. 1953)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
February 3, 1953
Docket
No. 4178
Judges
Blandin
Citations
94 A.2d 37198 N.H. 621953 N.H. LEXIS 14

Opinion — Blandin

Blandin, J.

As recently as in the case of Saykaly v. Manchester, 97 N. H. 4, 5, our court said, “The right of a plaintiff to a voluntary dismissal prior to a hearing on the merits is not open to question in this state.” The defendant in its brief concedes this to be so but argues that because a demurrer had been filed and a hearing held upon it, though not decided, the plaintiff should not be permitted to dismiss except within the Court’s discretion. It also argues that no discretion was exercised but the motion to dismiss was granted as a matter of law. Finally the defendant claims that to dismiss in this situation in any event was an abuse of discretion.

We do not believe the record supports the defendant’s claim that the Court granted the plaintiff’s motion for a voluntary nonsuit as a matter of law. On the contrary it appears to us that his discretion was rightfully exercised and the dismissal was proper.

Saykaly v. Manchester, 97 N. H. 4, and authorities cited.

In regard to the matter of costs which the defendant suggests should be allowed in any event, there is nothing to show that this question was raised before the Trial Court, and it follows this issue *64 is not before us.

Bullard v. McCarthy, 89 N. H. 158.

Exceptions overruled.

All concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1987: 119872026peak 1987 · 1

Relies on it most ⓘ

  1. Total Service, Inc. v. Promotional Printers, Inc.525 A.2d 273 (N.H. 1987)

Most recent

  1. Total Service, Inc. v. Promotional Printers, Inc.525 A.2d 273 (N.H. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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