Steer v. Little
Supreme Court of New Hampshire
Trespass quare clausum. The plaintiff owned the north part and the defendant’s wife the south part of a lot laid out and conveyed as a one hundred acre lot; but there was evidence tending to show that it contained more than one hundred acres — the exact number of acres not being agreed upon by the parties, nor clearly proved by the evidence. The question between the parties was the location of the dividing line between them.
Read the full summary
Trespass quare clausum. The plaintiff owned the north part and the defendant’s wife the south part of a lot laid out and conveyed as a one hundred acre lot; but there was evidence tending to show that it contained more than one hundred acres — the exact number of acres not being agreed upon by the parties, nor clearly proved by the evidence. The question between the parties was the location of the dividing line between them. The defendant claimed and introduced evidence tending to prove that a line run by one Goodall, giving the plaintiff fifty acres, had been agreed upon by the parties as…
1Opinion of the CourtBell, C. J.
To the general rule that leading questions shall not be put to a witness, there are certain exceptions, as well settled as the rule itself, in which the judge, in the exercise of his discretion, may permit such questions. These exceptions are fully discussed in the recent ease of Carr v. Severance, 43 N. H. 65.
If the case shows that the ruling of the judge was made in the exercise of hi3 discretionary power to admit leading questions in proper cases, the court will not revise the decision. It is often impracticable for the revising court to possess themselves of all the facts and…
2Cases cited5 opinions
- People v. MatherNew York Supreme Court · 1830
- Administrator of Hopkinson v. SteelSupreme Court of Vermont · 1840
- Bliss v. ShumanSupreme Judicial Court of Maine · 1859
- Churchill v. SmithSupreme Court of Vermont · 1844
- Parsons v. BridghamSupreme Judicial Court of Maine · 1852
3Cited by1 opinion
- Williams v. StateAlabama Court of Appeals · 1949