Jellison v. Jellison

Supreme Court of New Hampshire

Jellison v. Jellison

47 A. 612, 70 N.H. 633

CourtSupreme Court of New Hampshire

DecidedJune 5, 1900

StatusPublished

Cited by1 cases

This text of 47 A. 612 (Jellison v. Jellison) 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

Jellison v. Jellison, 47 A. 612, 70 N.H. 633 (N.H. 1900).

Pincite

Opinion

Peaslee, J.

The question of whether justice required the granting of the motion is not one of law. As justice required that the order be made, and the court had power to make it (P. S., ■c. 176, s. 4), it is immaterial whether the application was called a petition or a motion. The parties were already in court, the libel-ant was given an opportunity to be heard, and if a further hearing is needed it can be had upon application.

Exception overruled.

Young, J., did not sit: Chase, J., dissented: the others concurred.

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Peaslee, J.

The question of whether justice required the granting of the motion is not one of law. As justice required that the order be made, and the court had power to make it (P. S., ■c. 176, s. 4), it is immaterial whether the application was called a petition or a motion. The parties were already in court, the libel-ant was given an opportunity to be heard, and if a further hearing is needed it can be had upon application.

Exception overruled.

Young, J., did not sit: Chase, J., dissented: the others concurred.

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Bluebook (online)

47 A. 612, 70 N.H. 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jellison-v-jellison-nh-1900.

Opinion

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