Tappan v. Evans
Superior Court of New Hampshire
In Equity. After the delivery of the opinion, and the entry of the decree in this case, sending an issue to the common pleas for trial, (11 N. H. Rep. 311,) the plaintiff filed a supplemental bill, setting forth that on the writ issued against Heath, and Evans as trustee, October 8, 1S30, the homestead farm of Heath, in Warner, conveyed by him to Evans, as set forth in the original bill, was attached, with other land, as the property of Heath — that Heath had been defaulted…
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In Equity. After the delivery of the opinion, and the entry of the decree in this case, sending an issue to the common pleas for trial, (11 N. H. Rep. 311,) the plaintiff filed a supplemental bill, setting forth that on the writ issued against Heath, and Evans as trustee, October 8, 1S30, the homestead farm of Heath, in Warner, conveyed by him to Evans, as set forth in the original bill, was attached, with other land, as the property of Heath — that Heath had been defaulted in the action, &c. The defendants demurred to this bill, and assigned, among other causes of demurrer, that it was filed…
1Opinion of the CourtParkrr, C. J.
A decree having been entered, in this case, it is very apparent that the plaintiff cannot file a supplemental bill, introducing new facts, as a matter of right. 2 Atkyns 139, order in note; 17 Vesey 178, Perry vs. Phelips; 2 Smith’s Ch. Pr. 64; Mitford’s Pl. 91.
If this bill is allowed, the operation of it must be to open the decree, or at least to suspend farther action upon it, until the new matter is considered ; and this is not in the power of the plaintiff, at his pleasure.
And we are further of opinion, that a supplemental bill, introducing new facts relating to the merits, ought not to…
2Cases cited1 opinion
- Lawrence v. BoltonNew York Court of Chancery · 1831
3Cited by1 opinion
- Railroad v. RailroadSupreme Court of New Hampshire · 1879