Watkins v. Boston & Maine Railroad
Supreme Court of New Hampshire
Bill in Equity, for an injunction. Petition for habeas corpus. After judgment for the defendant in the case, Watkins v. Hustis, 79 N. H. 285, the plaintiff Watkins filed a petition for a new trial upon the ground of newly discovered evidence, upon which an order of notice was issued and duly served upon the railroad. The railroad seeks to have enjoined the caption of depositions in the proceeding brought by Watkins of which due notice had been given.
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Bill in Equity, for an injunction. Petition for habeas corpus. After judgment for the defendant in the case, Watkins v. Hustis, 79 N. H. 285, the plaintiff Watkins filed a petition for a new trial upon the ground of newly discovered evidence, upon which an order of notice was issued and duly served upon the railroad. The railroad seeks to have enjoined the caption of depositions in the proceeding brought by Watkins of which due notice had been given. Upon hearing, the petition for injunction was dismissed and the railroad excepted. The petitioner Tufts having been summoned to give his…
1Opinion of the CourtParsons, C. J.
Instead of taking advantage of the order of the court reserving his decision and transferring to this court the questions raised by the exceptions, the parties by completing the deposition have waived their exceptions. The railroad desired to prevent the taking of the deposition, the witness Tufts to avoid testifying. But instead of taking advantage of the opportunity offered them by the superior court to obtain the opinion of this court as to their rights they yielded to the original order.
At the close of the hearing, the question was whether judgment should be rendered despite the…
2Cases cited5 opinions
- Taylor v. ThomasSupreme Court of New Hampshire · 1914
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Boston & Maine Railroad v. StateSupreme Court of New Hampshire · 1910
- Glover v. BakerSupreme Court of New Hampshire · 1911
- Rancour's PetitionSupreme Court of New Hampshire · 1889
3Cited by3 opinions
- Swinglehurst v. BusielSupreme Court of New Hampshire · 1930
- Staargaard v. Public Service Co.Supreme Court of New Hampshire · 1949
- State v. CoteSupreme Court of New Hampshire · 1948