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Merrill v. Perkins

Merrill v. Perkins.

Merrill v. Perkins, 59 N.H. 343 (1879)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
December 5, 1879
Judges
Doe, Allen
Citations
59 N.H. 343
Headnotes
The form of action may he changed by amendment; and the amendment may be made after verdict, without a new trial, when the verdict could not have been affected by the amendment if it had been made before the trial. Plow far the cross-examination of a witness should be carried for the purpose of disparaging his credibility, is a question of fact to be determined at the trial term.
Summary
Case, for entering the house occupied by the plaintiff and her husband and children, and taking out the doors and windows, tearing up the floor, and making a noise and disturbance, whereby the plaintiff was exposed, frightened, and disturbed, prematurely delivered of a child, and seriously injured in health. The defendant’s objection, that the plaintiff cannot recover in this form of action, was overruled. On the cross-examination of the plaintiff’s husband, the defendant asked him if he had been notified to quit every house he had lived in for ten years, and been put out by legal proceedings in every case. The question was excluded, and the defendant excepted. Verdict for the plaintiff.

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.

The objection to the form of action might have been obviated at the trial by an amendment of the declaration, add *345 ing a new count in trespass.

Stebbins v. L. Ins. Co., 59 N. H. 143. And as the amendment, if made before the trial, would not have affected the trial or the verdict, it may be made now without disturbing the verdict.

Roulo v. Valcour, 58 N. H. 347. It does not appear to be necessary to inquire whether case, or trespass, is the right form of action.

The question put to the plaintiff’s husband was asked for the purpose of disparaging his credibility. How far justice required the cross-examination should be allowed to go in that direction was a question of fact to be determined at the trial term.

Gutterson v. Morse, 58 N. H. 165. When the amendment is made, there-will be Judgment on the verdict.

Allen, J., did not sit: the others concurred.

How later courts describe this case

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

Cited by 10 cases

View all citing references →
1880–1881: 31882–1883: 11884–1885: 21888–1889: 11894–1895: 11896–1897: 11976–1977: 118802026peak 1880 · 3

Relies on it most ⓘ

  1. Owen v. Weston4 A. 801 (N.H. 1885)
  2. Milne v. Burlington Homes, Inc.379 A.2d 198 (N.H. 1977)
  3. Peaslee v. Dudley63 N.H. 220 (1884)
  4. Perkins v. Roberge39 A. 583 (N.H. 1897)
  5. Rutherford v. Whitcher60 N.H. 110 (1880)
  6. Hayes v. Colby18 A. 251 (N.H. 1889)

Most recent

  1. Milne v. Burlington Homes, Inc.379 A.2d 198 (N.H. 1977)
  2. Perkins v. Roberge39 A. 583 (N.H. 1897)
  3. Lesser v. New Hampshire Furniture Co.44 A. 490 (N.H. 1895)
  4. Hayes v. Colby18 A. 251 (N.H. 1889)
  5. Owen v. Weston4 A. 801 (N.H. 1885)
  6. Peaslee v. Dudley63 N.H. 220 (1884)

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.

Authorities cited 3

DepthCaseCited by
Stebbins v. Lancashire Ins., 59 N.H. 143 (1879) 17
Gutterson v. Morse, 58 N.H. 165 (1877) 10
Roulo v. Valcour, 58 N.H. 347 (1878) 7

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