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Kelley v. Simonds

57 N.H. 308, 1876 N.H. LEXIS 95
CourtSupreme Court of New Hampshire
DecidedAugust 11, 1876
StatusPublished

This text of 57 N.H. 308 (Kelley v. Simonds) 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
Kelley v. Simonds, 57 N.H. 308, 1876 N.H. LEXIS 95 (N.H. 1876).

Opinions

FROM MERRIMACK CIRCUIT COURT. I have not seen sufficient reason to change my mind since the question raised by this case was decided in Ray v. Austin, 56 N.H. 36. I thought then, and think now, that secs. 5 and 6 of ch. 212, Gen. Stats., cannot be incorporated by construction into the reference law of 1874; and I know of no rule of law which makes a judgment as upon default, or nonsuit, the only punishment which the court can visit upon a party who omits to appear before a referee, whether such omission be due to his misfortune, his contumacy, or his dislike of the law. I think the exception should be overruled.

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Related

Ray v. Austin
56 N.H. 36 (Supreme Court of New Hampshire, 1875)

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Bluebook (online)
57 N.H. 308, 1876 N.H. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-simonds-nh-1876.