Blaisdell v. Harris
Supreme Court of New Hampshire
In this case — Joshua S. Blaisdell against David G. Harris — a verdict was rendered for the plaintiff at the September trial term, 1871. A motion was made by the defendant to set aside the verdict, upon exceptions to the ruling of the court, and for other reasons ; and the case being heard at the July law term, 1872, and this court having settled the questions arising on the case in favor of the plaintiff, the plaintiff now moves for judgment on the verdict as of a time…
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In this case — Joshua S. Blaisdell against David G. Harris — a verdict was rendered for the plaintiff at the September trial term, 1871. A motion was made by the defendant to set aside the verdict, upon exceptions to the ruling of the court, and for other reasons ; and the case being heard at the July law term, 1872, and this court having settled the questions arising on the case in favor of the plaintiff, the plaintiff now moves for judgment on the verdict as of a time prior to the decease of the defendant (suggested at this term), and after the rendition of the verdict.
1Opinion of the CourtFoster, J.
At common law, the death of a sole plaintiff or defendant before final judgment would have abated the suit; but, as a rule so rigorous was found often to work injustice, it became modified in practice, and subject to several exceptions aiid limitations.
And it is now well established at common law, and independent of the special authority conferred by statute, and the general rules of practice of the English courts (Rule 3, Hil., 4 Wm. 4), whereby it is provided that it shall be competent for “the court or a *192judge to order a judgment to be entered nunc pro tunc, that “ if either party die',…
2Cases cited9 opinions
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Morris v. SmithTennessee Supreme Court · 1849
- Clay v. SmithSupreme Court of the United States · 1830
- Perry v. WilsonMassachusetts Supreme Judicial Court · 1811
- Ryghtmyre v. DurhamNew York Supreme Court · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hazen v. HazenSupreme Court of New Hampshire · 1982