Winnipiseogee Paper Co. v. Eaton

9 A. 221, 64 N.H. 234

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1886
• Status: Published

Opinion

Doe, C. J.

The deed cannot be reformed in an action at law. The defendant can move at the tidal term for leave to amend his pleading by filing a bill in equity. The question of the form of action is not considered when time spent upon it would be wasted (Peaslee v. Dudley, 63 N. H. 220 ; Joyce, v. O’Neal, 64 N. H. 91) ; but the reserved case shows no reason why the question of the defendants’ right to relief in equity should be tried in the action at law; and bonvenience ordinarily requires that such a point should be tried and decided in an appropriate action, and upon an issue that will not invite a controversy on the question whether the parties are bound by the decision. Parker v. Moore, 63 N. H. 196, 197.

Case discharged.

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