Lamberton v. Dinsmore
Supreme Court of New Hampshire
“ Ira Cobby & Son, “ Attys. for deft. “ and Ollie M. Lamberton.” In this proceeding, the court (Pike, J.) ruled that the existence of the way had not been established as between Mrs. Lamberton and Dinsmore, and the plaintiffs excepted. Transferred from the May term, 1910, of the superior court.
1Opinion of the CourtPeaslee, J.
The special defence of a right of way set up in the trespass suit, and the verdict and judgment thereon, settled the title to the way as between the parties to that action. Potter v. Baker, 19 N. H. 166; Bartlett v. Prescott, 41 N. H. 493; Moran v. Mansur, 63 N. H. 377. The question here is whether the wife, Ollie M. Lamberton, was a party to that litigation. This query is not necessarily determined by the record recital of parties plaintiff and defendant. One who is liable over for the acts of the defendant and has notice of the suit is concluded by the judgment therein when thereafter sued…
2Cases cited3 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Nash v. D'ArcyMassachusetts Supreme Judicial Court · 1903
- Sevey v. ChickSupreme Judicial Court of Maine · 1836
3Cited by8 opinions
- Morrissette v. Sears, Roebuck & Co.Supreme Court of New Hampshire · 1974
- Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
- Carter v. Ladee Logging Co.Oregon Supreme Court · 1933
- Beach v. Milford Ice Co.Supreme Court of Connecticut · 1913
- Executive Committee of Baptist Convention v. SmithCourt of Appeals of Georgia · 1931
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