McIntire v. Carr

Supreme Court of New Hampshire

McIntire v. Carr

59 N.H. 207

CourtSupreme Court of New Hampshire

DecidedJune 5, 1879

StatusPublished

Cited by1 cases

This text of 59 N.H. 207 (McIntire v. Carr) 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

McIntire v. Carr, 59 N.H. 207 (N.H. 1879).

Pincite

Opinion

Smith, J.

According to the practice in this state, a p'arty who is aggrieved by a judgment rendered at the trial term, may at a subsequent term move to bring the action forward, and to vacate or modify the judgment. The remedy thus afforded is simple, expeditious, mexpensive, and, in general, ample. A resort to the cumbersome process of a writ of error is seldom necessary. In this case, if the plaintiff is entitled to any relief, he can have it on a motion to bring the original action forward at the trial term; and for that reason the writ of error is

Dismissed.

All concurred.

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Smith, J.

According to the practice in this state, a p'arty who is aggrieved by a judgment rendered at the trial term, may at a subsequent term move to bring the action forward, and to vacate or modify the judgment. The remedy thus afforded is simple, expeditious, mexpensive, and, in general, ample. A resort to the cumbersome process of a writ of error is seldom necessary. In this case, if the plaintiff is entitled to any relief, he can have it on a motion to bring the original action forward at the trial term; and for that reason the writ of error is

Dismissed.

All concurred.

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Bluebook (online)

59 N.H. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintire-v-carr-nh-1879.

Opinion

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