Hardy v. Merrill
Supreme Court of New Hampshire
From Merrimack Circuit Court. Appeal, by William H. Hardy against Isaac D. Merrill, from the decree of the judge of probate approving and allowing, in solemn form, the will of Joseph Hardy, deceased. Said will was dated July^26, 1870. Issues had been made up at the law term, and sent to the circuit court for trial by jury. The issues were in common form.
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From Merrimack Circuit Court. Appeal, by William H. Hardy against Isaac D. Merrill, from the decree of the judge of probate approving and allowing, in solemn form, the will of Joseph Hardy, deceased. Said will was dated July^26, 1870. Issues had been made up at the law term, and sent to the circuit court for trial by jury. The issues were in common form. In the first, the executor alleged that the said Joseph Hardy was of sound mind; and in the second, he alleged that said will was not obtained by undue influence: upon both of which allegations issue was taken by the appellant. In the circuit…
1Opinion of the Court
FROM MERRIMACK CIRCUIT COURT. I. At the hearing before the referees, the appellant claimed the right to open and close.
In Judge of Probate v. Stone, 44 N.H. 593, it was held that the party on whom the burden of proof in the first instance devolved, was entitled to open and close; that to determine which party is to begin, and, of course, which shall close, is to consider which would get the verdict, if no evidence was given on either side; and the right to begin is with the one who in that way would lose his case.
In this case issues were joined by the appellant upon averments of the executor,…
2Cases cited35 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Beaubien v. CicotteMichigan Supreme Court · 1864
- The People v. . EastwoodNew York Court of Appeals · 1856
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
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3Cited by22 opinions
- Elsie B. Allen, George D. Allen v. Matson Navigation Company, a CorporationCourt of Appeals for the Ninth Circuit · 1958
- State v. HudsonSupreme Court of New Hampshire · 1979
- State v. CampbellSupreme Court of New Hampshire · 1985
- Bachman v. Travelers InsuranceSupreme Court of New Hampshire · 1916
- Brown v. Cathay Island, Inc.Supreme Court of New Hampshire · 1984
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