Logue v. Clark
Supreme Court of New Hampshire
Petition, for a writ of certiorari, to cause the defendant Clark, the judge of probate for the county of Sullivan, to certify to this court the record of the settlement of the account of the defendant Kempton, executor of the will of Fanny Hall, and to cause Kemp-ton to appear and settle his account in this court.
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Petition, for a writ of certiorari, to cause the defendant Clark, the judge of probate for the county of Sullivan, to certify to this court the record of the settlement of the account of the defendant Kempton, executor of the will of Fanny Hall, and to cause Kemp-ton to appear and settle his account in this court. The petition alleges, in substance, that the plaintiff is a residuary legatee under the will of Fanny Hall; that on the ninth day of July, 1879, the will was duly proved, and the defendant Kempton was appointed executor; that at a court of probate, held in December, 1881, the…
1Opinion of the CourtStanley, J.
A writ of certiorari is not ordinarily granted when the plaintiff has other ample and convenient remedies for the establishment and protection of his rights. Huse v. Grimes, 2 N. H. 208, 212; Tucker’s Petition, 27 N. H. 405, 409; Landaff’s Petition. 84 N. H. 163, 173; Peters v. Peters, 8 Cush. 529. The plaintiff’s remedy by appeal would have afforded him all the redress that he seeks by this proceeding. G. L., c. 207, s. 1; Moses v. Julian, 45 N. 52, 54.
As it does not appear that injustice was done by the decree of the judge of probate, the motion to amend the petition so that it may be…
2Cited by5 opinions
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