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Fellows v. Fellows

Fellows & A. v. Fellows; Howe, Adm’r, & A., v. Fellows & A.

Fellows v. Fellows, 44 A. 752 (N.H. 1896)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
June 5, 1896
Judges
Carpenter, Chase
Citations
44 A. 75268 N.H. 611
Summary
Cross-bills in Equity. In the first case the defendant filed an answer and the plaintiff's a special replication. In the second case the defendants, wbo are the plaintiffs in the first, pleaded the pendency of that case in bar, and also filed an answer. The bills, answers, and replication allege numerous facts, nearly all of which are in dispute. Seven questions of law arising upon the pleadings were reserved.

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

Opinion of the Court — Carpenter

Carpenter, C. J.

All the questions reserved might not arise if the facts were found. Some of them, possibly all of them, might turn out to be immaterial. It often happens that grave and difficult questions of law arise upon pleadings, especially when they are of the character of those in these cases, which disappear upon an investigation of the facts. In these cases, it is clear that the facts should be found before an attempt is made to settle the law controlling the rights of the parties.

Case discharged.

Chase, 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.

1900: 21901: 11902: 11921: 11942: 119002026peak 1900 · 2

Relies on it most ⓘ

  1. Connecticut Valley Lumber Co. v. Monroe52 A. 940 (N.H. 1902)
  2. State v. Manchester & Lawrence Railroad48 A. 1103 (N.H. 1900)
  3. Fitzhugh v. Grand Trunk Railway Co.115 A. 803 (N.H. 1921)
  4. Lemire v. Haley23 A.2d 769 (N.H. 1942)
  5. Champollion v. Corbin51 A. 674 (N.H. 1901)
  6. Laton v. Balcom50 A. 100 (N.H. 1900)

Most recent

  1. Lemire v. Haley23 A.2d 769 (N.H. 1942)
  2. Fitzhugh v. Grand Trunk Railway Co.115 A. 803 (N.H. 1921)
  3. Connecticut Valley Lumber Co. v. Monroe52 A. 940 (N.H. 1902)
  4. Champollion v. Corbin51 A. 674 (N.H. 1901)
  5. Laton v. Balcom50 A. 100 (N.H. 1900)
  6. State v. Manchester & Lawrence Railroad48 A. 1103 (N.H. 1900)

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 0

No citations to other opinions in this database were found.

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