State v. Hayes

Supreme Court of New Hampshire

State v. Hayes

59 N.H. 450

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1879

StatusPublished

Cited by1 cases

This text of 59 N.H. 450 (State v. Hayes) 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

State v. Hayes, 59 N.H. 450 (N.H. 1879).

Pincite

Opinion

Bingham, J.

The question whether Mr. Angelí was the tenant, or the servant, of his wife, was a question of fact; and on that question there was no presumption of law transferring the burden of proof from the state to the defendant. If the contrary rule is laid down in Albin v. Lord, 39 N. H. 196, 205, it cannot be sustained. Bickford v. Dane, 58 N. H. 185; Noyes v. Hemphill, 58 N. H. 536; State v. Hodge, 50 N. H. 510; Savings-Bank v. Getchell, ante, 281.

Verdict set aside.

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

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Bingham, J.

The question whether Mr. Angelí was the tenant, or the servant, of his wife, was a question of fact; and on that question there was no presumption of law transferring the burden of proof from the state to the defendant. If the contrary rule is laid down in Albin v. Lord, 39 N. H. 196, 205, it cannot be sustained. Bickford v. Dane, 58 N. H. 185; Noyes v. Hemphill, 58 N. H. 536; State v. Hodge, 50 N. H. 510; Savings-Bank v. Getchell, ante, 281.

Verdict set aside.

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

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Bluebook (online)

59 N.H. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hayes-nh-1879.

Opinion

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