University of Illinois v. Spalding
Supreme Court of New Hampshire
On January 18 the plaintiffs filed a motion to set aside the verdict as against the law and tlie evidence. Upon application first made on April 25, a bearing was bad upon this motion at the May term of the superior court before Wallace, C. J., and Mr. Justice Earsons of the supreme court, who attended by request.
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On January 18 the plaintiffs filed a motion to set aside the verdict as against the law and tlie evidence. Upon application first made on April 25, a bearing was bad upon this motion at the May term of the superior court before Wallace, C. J., and Mr. Justice Earsons of the supreme court, who attended by request. Tbe defendant excepted to any action by the latter, on the ground that he was not a justice of the court having jurisdiction of matters formerly cognizable at trial terms, and claimed that the plaintiffs had waived the exceptions taken at the trial by delay and noncompliance with the…
1Opinion of the Court
Remick, J .
1. The judiciary system was not reorganized by the act of March 10, 19 01, to legislate anybody out of court. If the new system has any advantages over the old, it was intended that pending as well as future cases should have the benefit of 'them. If: the plaintiffs have lost the right of appeal, it is owing to their own laches — not to legislative nonsuit. The finding of the presiding justice exonerates the plaintiffs from fault in this behalf, and the exception based upon this ground is therefore overruled.
2. The questions and answers objected to in the stenographer’s notes of…
2Cases cited15 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Adams v. FieldSupreme Court of Vermont · 1849
- Moore v. United StatesSupreme Court of the United States · 1876
- Stokes v. United StatesSupreme Court of the United States · 1895
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3Cited by26 opinions
- State v. SandsSupreme Court of New Hampshire · 1983
- CITIZENS'BANK & TRUST CO. OF MIDDLESBORO, KY. v. AllenCourt of Appeals for the Fourth Circuit · 1930
- Clark v. StateDistrict Court of Appeal of Florida · 1959
- Caledonia, Inc. v. TrainorSupreme Court of New Hampshire · 1983
- State v. GummerNorth Dakota Supreme Court · 1924
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