Dudley v. Eastman
Supreme Court of New Hampshire
Bill in Equity, to enjoin the foreclosure of mortgages held by two of tbe defendants, to cancel a deed of trust to another, and for an accounting against another. The facts, which were found by a referee, are stated in the opinion.
1Opinion of the CourtParsons, J.
The plaintiff did not elect to set the case for hearing upon the bill and answer, and the parties proceeded to proof. The defendants, having gone to trial on the facts instead of insisting upon hearing upon the bill and answer, waived the filing of the replication required bjr Ride in Chancery No. 22,— 56 N. H. 608. The defendants having waived the form, the case stands as if such replication were in fact filed, or the plaintiffs may now reply if they have not done so. Rogers v. Mitchell, 41 N. H. 154, 160. The answers, therefore, are pleading and not evidence. Rule in Chancery No. 9,—56 N.…
2Cases cited2 opinions
- Ayer v. MesserSupreme Court of New Hampshire · 1879
- Murphy v. HillSupreme Court of New Hampshire · 1896