Simpson v. Gafney
Supreme Court of New Hampshire
Appeal, by the defendant, Gafney, from the decision of the commissioner on the estate of the testatrix who allowed to the plaintiff, Simpson, $1,000. At the February term, 1890, the jury returned a verdict for the plaintiff for $2,500. At the law term in June, 1890, the verdict was set aside — ante,p. 261. At the February term, 1891, the defendant, Gafney, moved that his appeal be dismissed. The motion was granted, and the plaintiff excepted.
1Opinion of the CourtAllen, J.
The plaintiff may become nonsuit at any time before trial. Webster v. Bridgewater, 63 N. H. 296; Farr v. Cate, 58 N. H. 367; Fulford v. Converse, 54 N. H. 543; Wright v. Bartlett, 45 N. H. 289; Judge of Probate v. Abbot, 13 N. H. 21. The executor having taken the appeal might abandon it by neglecting to give notice to the creditor. G. L., c. 200, s. 3 ; Varrell v. Varrell, 57 N. H. 208. The obligation of the creditor to enter and prosecute his claim to judgment (G. L., c. 200, ss. 5, 7) is avoided by the abandonment of the appeal by the party taking the same. The appellant, for the purpose of…
2Cases cited4 opinions
- Doughty v. LittleSupreme Court of New Hampshire · 1881
- Farr v. CateSupreme Court of New Hampshire · 1878
- Webster v. BridgewaterSupreme Court of New Hampshire · 1884
- Varrell v. VarrellSupreme Court of New Hampshire · 1876
3Cited by5 opinions
- Appeal of NolanSupreme Court of New Hampshire · 1991
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
- Town of Plaistow v. RiddleSupreme Court of New Hampshire · 1996
- Alwyn v. DuvalCourt of Appeals for the First Circuit · 2001
- Hood v. MarshallSupreme Court of New Hampshire · 1899