Bailey v. Kimball
Superior Court of New Hampshire
Trover for five hundred cords of wood, converted October 1, 1849. On the 7th of June, 1849, there were about on.e hundred and fifty cords of wood, which had been cut and drawn out, and was most of it corded up, of which one undivided half belonged to Jonathan Merrill. About eighty cords of it lay on land of Nathan F. Stevens, in Salem, and seventy cords on land owned in common by Thomas Webster, Isaac Thom and Darius M. Thom, lying partly in Salem and partly in Windham.
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Trover for five hundred cords of wood, converted October 1, 1849. On the 7th of June, 1849, there were about on.e hundred and fifty cords of wood, which had been cut and drawn out, and was most of it corded up, of which one undivided half belonged to Jonathan Merrill. About eighty cords of it lay on land of Nathan F. Stevens, in Salem, and seventy cords on land owned in common by Thomas Webster, Isaac Thom and Darius M. Thom, lying partly in Salem and partly in Windham. The largest portion of the wood, lying upon the land of Webster and the Thoms, was in Salem. On the 14th of June, 1849, the…
1Opinion of the CourtWoods, J.
Upon the question whether the court may order a nonsuit in a case opened to the jury, the authorities are not uniform. But the great weight of authority and the practice that has prevailed in this State, are in .favor of that course, when no sufficient evidence has been adduced by the plaintiff to justify the jury in finding a verdict in his favor. In Stickney v. Stickney, 1 Foster’s Rep. 61, the power is not only recognized, but the court was holden to have erred in not exercising it in that case. It was one in which there was a variance between the declaration and the written evidence…
2Cases cited2 opinions
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Parker v. GuillowSuperior Court of New Hampshire · 1839