Baker v. Goodale

Supreme Court of New Hampshire

Baker v. Goodale

157 A. 885, 85 N.H. 561, 1932 N.H. LEXIS 129

CourtSupreme Court of New Hampshire

DecidedJanuary 5, 1932

StatusPublished

Cited by1 cases

This text of 157 A. 885 (Baker v. Goodale) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Goodale, 157 A. 885, 85 N.H. 561, 1932 N.H. LEXIS 129 (N.H. 1932).

Pincite

Opinion

Per Curiam.

The facts are incomplete, but apparently the trustee-process is now pending. Under such circumstances a petition for a declaratory judgment cannot be maintained. The statute (Laws 1929, c. 86) was not designed to furnish a substitute for the usual procedure. Where a suit is already pending which raises the question sought to be decided, the petition will not lie. Lisbon District v. Lisbon, ante, 173. No reason appears why the question presented cannot be settled in the trustee suit.

Petition dismissed.

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Per Curiam.

The facts are incomplete, but apparently the trustee-process is now pending. Under such circumstances a petition for a declaratory judgment cannot be maintained. The statute (Laws 1929, c. 86) was not designed to furnish a substitute for the usual procedure. Where a suit is already pending which raises the question sought to be decided, the petition will not lie. Lisbon District v. Lisbon, ante, 173. No reason appears why the question presented cannot be settled in the trustee suit.

Petition dismissed.

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Bluebook (online)

157 A. 885, 85 N.H. 561, 1932 N.H. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-goodale-nh-1932.

Opinion

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