Badger v. Gilmore
Supreme Court of New Hampshire
Action of Review, brought by tbe defendant to reverse tbe judgment of tbe Court of Common Pleas for tbis county, rendered October term, 1856, in favor of tbe plaintiff, for $423.46 damages, and $76.19 costs. Tbe action, on wbicb said judgment was recovered, was commenced prior to October term, 1854, of said court, and was entered at that term.
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Action of Review, brought by tbe defendant to reverse tbe judgment of tbe Court of Common Pleas for tbis county, rendered October term, 1856, in favor of tbe plaintiff, for $423.46 damages, and $76.19 costs. Tbe action, on wbicb said judgment was recovered, was commenced prior to October term, 1854, of said court, and was entered at that term. Tbe present writ of review was dated October 2, 1857, and returnable at tbe October term, 1857, of tbe Court of Common Pleas for tbis county. Tbe counsel for tbe defendant, at tbe first term, offered tbe party defendant as a witness on tbe trial of tbe…
1Opinion of the Court
Fowler, J.*
The first section of the act of June 27, 1857, provides that no person shall thereafter be excused or excluded as a witness in any civil suit or proceeding, at law or in equity, by reason of interest in the event thereof as a party, or otherwise, except as thereaffcerward in the same act provided. The third section of that act excludes from the operation of its provisions “ any suit or proceeding pending at the time” of its passage. The act took effect upon its passage, and the only question arising upon the exceptions before us, is whether an action of review, sued out upon the…
2Cases cited2 opinions
- Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
- Ely v. ForwardMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Whittier v. Hartford Fire Ins.Supreme Court of New Hampshire · 1875