Moore v. Carpenter
Supreme Court of New Hampshire
Bill in Equity, to restrain the further prosecution of two suits at law against the plaintiff, one in the name of Asa Fowler, administrator, and the other in the name of Jeremiah Clough against him, in both of which the defendant Carpenter is the plaintiff in interest. In March, 1852, Fowler, administrator, and Clough recovered each a judgment against the plaintiff and one Archelaus Moore in Merrimack county.
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Bill in Equity, to restrain the further prosecution of two suits at law against the plaintiff, one in the name of Asa Fowler, administrator, and the other in the name of Jeremiah Clough against him, in both of which the defendant Carpenter is the plaintiff in interest. In March, 1852, Fowler, administrator, and Clough recovered each a judgment against the plaintiff and one Archelaus Moore in Merrimack county. In 1856 the judgments became the property of Carpenter, who has ever since owned them. On the 18th day of March, 1865, Carpenter sued out writs upon both the judgments, returnable at the…
1Opinion of the CourtStanley, J.
A bill in equity to set aside the judgments in these cases is not the proper remedy. If, for any reason, the judgments were not properly rendered, the error could have been corrected by a petition for a new trial within the time prescribed in the statute (G. L., e. 234, ss. 1, 2, 4), and it may now be done on a motion to bring the actions forward and vacate the judgments. Upon this motion, such order can be made as justice requires. Bellows v. Stone, 14 N. H. 175; Brink v. Brink, 43 N. H. 508; Hillsborough v. Nichols, 46 N. H. 379; Judge of Probate v. Webster, 46 N. H. 518; Metcalf v.…
2Cases cited1 opinion
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
3Cited by3 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921
- Ramsey v. LandrySupreme Court of New Hampshire · 1917