Gilman v. LAKE SUNAPEE PROPERTIES, LLC

I agree with the majority that a jury trial likely was available at law to property holders seeking compulsory partition before adoption of the 1784 State Constitution. I write separately to discuss the contours of such right on remand. In addition to the normal pretrial procedures for screening triable issues, in my opinion the presiding justice has the authority pursuant to Superior Court Rule 73 to set aside the jury’s decree if it offends the traditional notions of equity. See RSA 547-C.-29 (2007) (listing equitable considerations); cf. RSA 547-C:10 (2007) (stating “the court shall have…