Locke v. Barrington

Supreme Court of New Hampshire

Locke v. Barrington

59 N.H. 530

DecidedJune 5, 1880

StatusPublished

This text of 59 N.H. 530 (Locke v. Barrington) 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

Locke v. Barrington, 59 N.H. 530 (N.H. 1880).

Pincite

Opinion

Allen, J.

When the plaintiff limited her demand to one hundred dollars, the amount in controversy became limited to that sum, and the title to real estate not being in question, the court, either with or without the consent of the parties, might refer the action. G. L., c. 231, s. 10. The award exceeding the amount claimed, the plaintiff was entitled to judgment on remitting the excess. Hoit v. Molony, 2 N. H. 323; Sanborn v. Emerson, 12 N. H. 58; Pierce v. Wood, 23 N. H. 519; Willard v. Stevens, 24 N. H. 271; Taylor v. Jones, 42 N. H. 25, 38.

Exceptions overruled. ■

Foster, J., did not sit: the others concurred.

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Allen, J.

When the plaintiff limited her demand to one hundred dollars, the amount in controversy became limited to that sum, and the title to real estate not being in question, the court, either with or without the consent of the parties, might refer the action. G. L., c. 231, s. 10. The award exceeding the amount claimed, the plaintiff was entitled to judgment on remitting the excess. Hoit v. Molony, 2 N. H. 323; Sanborn v. Emerson, 12 N. H. 58; Pierce v. Wood, 23 N. H. 519; Willard v. Stevens, 24 N. H. 271; Taylor v. Jones, 42 N. H. 25, 38.

Exceptions overruled. ■

Foster, J., did not sit: the others concurred.

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Bluebook (online)

59 N.H. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-barrington-nh-1880.