Fellows v. Fellows

Supreme Court of New Hampshire

Fellows v. Fellows

44 A. 752, 68 N.H. 611

CourtSupreme Court of New Hampshire

DecidedJune 5, 1896

StatusPublished

Cited by6 cases

This text of 44 A. 752 (Fellows v. Fellows) 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

Fellows v. Fellows, 44 A. 752, 68 N.H. 611 (N.H. 1896).

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Opinion

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.

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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.

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Bluebook (online)

44 A. 752, 68 N.H. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellows-v-fellows-nh-1896.

Opinion

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