Dame v. Woods
Supreme Court of New Hampshire
MOTiON, by the plaintiff, for a rehearing of the case as reported ante, p. 222. The plaintiff procured an amendment of the case, by which it appears that the facts were agreed to by the parties without a hearing upon the merits.
1Opinion of the CourtChase, J.
The original case purported to be transferred upon a finding of facts by the superior court; and this court, so understanding it, made the suggestion in the opinion relating to an .amendment of the case (ante, p. 224), in accordance with the well established practice when there is ambiguity in the record which can be readily cured without a new trial. It now appears that the facts were not found by the court, but were agreed to by the parties. This change in the case renders the suggestion relating to an amendment inappropriate, as the court does not have ■authority to amend an agreed case.…
2Cases cited7 opinions
- Martin v. LivingstonSupreme Court of New Hampshire · 1896
- Morse v. MorseSupreme Court of New Hampshire · 1902
- Kaulbach v. KaulbachSupreme Court of New Hampshire · 1884
- Beals v. HillSupreme Court of New Hampshire · 1876
- Laton v. BalcomSupreme Court of New Hampshire · 1900
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3Cited by3 opinions
- Bull v. GowingSupreme Court of New Hampshire · 1932
- Labranche v. St. Jean Baptiste SocietySupreme Court of New Hampshire · 1911
- Strafford County v. DoverSupreme Court of New Hampshire · 1907