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Brooks v. Howard

Brooks & A. v. Howard

Brooks v. Howard, 58 N.H. 91 (1877)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
March 5, 1877
Judges
Doe
Citations
58 N.H. 91
Headnotes
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.
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Doe

Doe, C. J.

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.

How later courts describe this case

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

1879–1880: 21903–1904: 11913–1914: 118792026peak 1879 · 2

Relies on it most ⓘ

  1. State v. Wren92 A. 170 (N.H. 1914)
  2. Trust & Guaranty Co. v. Portsmouth59 N.H. 33 (1879)
  3. Ela v. Ela55 A. 358 (N.H. 1903)
  4. Buzzell v. State59 N.H. 61 (1879)

Most recent

  1. State v. Wren92 A. 170 (N.H. 1914)
  2. Ela v. Ela55 A. 358 (N.H. 1903)
  3. Trust & Guaranty Co. v. Portsmouth59 N.H. 33 (1879)
  4. Buzzell v. State59 N.H. 61 (1879)

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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