Johnson v. Atlantic & St. Lawrence Railroad
Supreme Court of New Hampshire
This was a review, by tbe original plaintiff, of the action Johnson v. The Railroad, in which judgment was rendered, November term, 1857, upon a verdict of May term, 1856, for $1,748 damages. At said November term the plaintiff moved to add the interest upon the verdict up to that time, but his motion was denied; and thereupon, without any exception, judgment was rendered for the amount of the verdict, and satisfied.
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This was a review, by tbe original plaintiff, of the action Johnson v. The Railroad, in which judgment was rendered, November term, 1857, upon a verdict of May term, 1856, for $1,748 damages. At said November term the plaintiff moved to add the interest upon the verdict up to that time, but his motion was denied; and thereupon, without any exception, judgment was rendered for the amount of the verdict, and satisfied. Upon the review, the plaintiff claimed the interest, but the court ruled that interest could not be recovered, in this suit, without opening the merits of the whole action; and…
1Opinion of the CourtBellows, J.
Upon review, the action is to be tried as if no verdict had ever been rendered — in the same manner as if no judgment had been “ rendered thereontherefore, nothing can be done here, in the way of correcting an error in the former judgment, but by a trial of the cause anew, and opening the merits of the whole action.
The ruling of the court, to that effect, is therefore sustained. After this ruling was announced, the writ of review being still pending, the original action was brought forward, and a motion made by the plaintiff to correct the judgment, by adding to it the amount of the interest…
2Cases cited5 opinions
- Tharp v. Tharp's admr.Court of Appeals of Kentucky · 1860
- Bull v. KetchumNew York Supreme Court · 1846
- People v. GaineNew York Supreme Court · 1806
- Vail v. NickersonMassachusetts Supreme Judicial Court · 1810
- Williams v. SmithNew York Supreme Court · 1804
3Cited by2 opinions
- Nault v. N & L Development Co.Supreme Court of New Hampshire · 2001
- Aldrich v. WrightSupreme Court of New Hampshire · 1876