Clough v. Fowler
Supreme Court of New Hampshire
Motion, by the defendant, to bring forward the above actions from the docket of the October term, 1869, to vacate the judg-ments recovered at that term, and for a new trial. The defendant introduced the case in Moore v. Carpenter, reserved in Belknap at the March term, 1884, and Carpenter, plaintiff in interest, excepted. Further testimony was introduced by both parties.
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Motion, by the defendant, to bring forward the above actions from the docket of the October term, 1869, to vacate the judg-ments recovered at that term, and for a new trial. The defendant introduced the case in Moore v. Carpenter, reserved in Belknap at the March term, 1884, and Carpenter, plaintiff in interest, excepted. Further testimony was introduced by both parties. The court finds from all the evidence, including that furnished by the reserved case in Moore v. Carpenter, the same facts as those reported in that case, ante 65.
1Opinion of the CourtClabk, J.
The power to set aside, vacate, modify, or amend judgments for sufficient cause, is unquestioned. Adams v. Adams, 51 N. H. 388; Judge of Probate v. Webster, 46 N. H. 518; Bellows v. Stone, 14 N. H. 203. In some form of procedure a party is entitled to relief from a judgment rendered by accident or mistake or through fraud, or in respect to which any fact exists which proves it to be against conscience to execute the judgment of which the party was prevented from availing himself by fraud, accident, or mistake, unmixed with any fault or negligence of himself or his agents. Currier v. Gilman,…
2Cited by13 opinions
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- Lamarre v. LamarreSupreme Court of New Hampshire · 1930
- Lancaster National Bank v. Whitefield Savings Bank & Trust Co.Supreme Court of New Hampshire · 1943
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921
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