Favor v. Philbrick

5 N.H. 477

Opinion

By the cpurt.

We have no doubt that the record may be remitted to the court of common pleas with directions to enter judgment upon the verdict, or grant a new trial as justice may seem to them to require. 1 Caine’s Rep. 586 ; 5 Cowen, 669 ; 3 Brod. & B. 297, Clement v. Lewis; 16 Johns. 89, Marquand v. Webb.

But it is not a matter of course thus to remit the record. If it shall be shown that there were legal grounds, which might probably induce the court below to grant a new trial, we may send the record back, but otherwise, judgment must be rendered upon the verdict here