Page v. Brewster
Supreme Court of New Hampshire
Review, of the case reported, in 62 N. H. 62, and 54 N. H. 184. The question reserved is, whether the agreed case, stated in 52 N. H. 52, is evidence in a jury trial of this review. In 54 N. H. 184, it was decided that the agreed case was evidence of the facts stated in it, not only for the purpose of obtaining a decision of the questions of law arising upon it, but for all purposes to the close of the suit.
1Opinion of the CourtBingham, J.
The agreement of the parties as to the facts stated in the agreed case was, that they were agreed “ for the purposes of this suit.” The admissibility of the agreed case, as evidence in this action of review, must depend upon the point whether it is the original suit, or a new action. If it is the original, it is admissible. If it is a new action, it is not admissible. The word “ suit,” in the connection in which it is used in the agreed case, means the same as action. The two words are synonymous. Badger v. Gilmore, 37 N. H. 457, 458.
It is the settled law in this state, that the defendant’s…
2Cited by3 opinions
- MBC, INC. v. EngelSupreme Court of New Hampshire · 1979
- Russell v. BabbittSupreme Court of New Hampshire · 1880
- Pickering v. DerochemontSupreme Court of New Hampshire · 1880