Mudgett v. Melvin
Supreme Court of New Hampshire
Probate Appeal. In the settlement of the defendant’s account as guardian, in the probate court, he charged himself for a balance of $38. The probate court charged him for. a balance of $275, and he appealed. In this court he was charged for a balance of $216.66. No costs were allowed either party, and the appellant excepted.
1Opinion of the CourtAllen, J.
The exception cannot be sustained. Griswold v. Chandler, 6 N. H. 61; Wendell v. French, 19 N. H. 205, 214; Mathes v. Bennett, 21 N. H. 188, 203; Kingman v. Kingman, 31 N. H. 182, 192; Clarke v. Clay, 31 N. H. 393, 404; Whitcher v. Benton, 50 N. H. 25; Olcott v. Thompson, 59 N. H. 154, 157; Nutter v. Varney, 64 N. H. 334. The question of justice presented by the appellant’s motion for costs, was a question of fact determinable at the trial term. The decision of that question required a consideration of evidence that is not stated in the case. It does not appear that wrong would have been done…
2Cited by3 opinions
- Medico v. AlmasySupreme Court of New Hampshire · 1967
- Tau Chapter of Alpha Xi Delta Fraternity v. Town of DurhamSupreme Court of New Hampshire · 1972
- Balfe v. TiltonDistrict Court, D. New Hampshire · 1912