Legal Opinion

Claggett v. Simes

Superior Court of New Hampshire

Decided July 15, 1855Published

Error, brought to reverse a judgment of the court of common picas of this county, rendered at the February term, 1849, in favor of said Simes against said Claggett.

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Error, brought to reverse a judgment of the court of common picas of this county, rendered at the February term, 1849, in favor of said Simes against said Claggett. The record returned to this court by the common pleas, in response to the writ of error, is in due and usual form, and shows a judgment regularly and formally entered up by that court, at that term, in favor of the present defendant against the plaintiff in error. . At the December term of this court, 1854, the plaintiff in error had leave to amend his assignment of errors, and thereupon filed the following: “ Superior court of…

1Opinion of the CourtEastman, J.

The controversy between these parties has been before this court on several occasions, and the facts in regard to the matter are quite familiar to us. They will be found in Claggett v. Simes, 5 Foster’s Rep. 402; and in Lane v. Lane, decided at the present term in this county.

In both of those proceedings, however, the object of the application was to set aside or vacate the judgment, which is now sought to be reversed by writ of error.

We are not now called upon to enter into any discussion of the alleged merits of the controversy, nor is it necessary for us to express any opinion in this case…

2Cases cited11 opinions

  1. Wyman v. MitchellNew York Supreme Court · 1823
  2. Johnson v. HarveyMassachusetts Supreme Judicial Court · 1808
  3. Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
  4. Ex parte WestonMassachusetts Supreme Judicial Court · 1814
  5. Wetmore v. PlantSupreme Court of Connecticut · 1825

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