Fernald v. Ladd
Superior Court of New Hampshire
Tms causo was tried hero at September term, 1S22, and a verdict returned in favor of the plaintiff, upon which judgment was rendered. Ladd, the defendant, sued out a writ, of review, but before a trial could be had in 1820, died, by reason of which the writ of review abated.
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Tms causo was tried hero at September term, 1S22, and a verdict returned in favor of the plaintiff, upon which judgment was rendered. Ladd, the defendant, sued out a writ, of review, but before a trial could be had in 1820, died, by reason of which the writ of review abated. At September term, 1827, Walker obtained a rule upon the plaintiff’s attorney, to shew cause why he should not be ordered to repay to the defendant’s administrator, the amount of the judgment which Fernald had recovered, according to his contract. This rtde was obtained upon evidence tending to prove, that at September…
1Opinion of the Court
By the court.
We entertain no doubt, that an attorney may be ordered to perform a contract made by him in court, in relation to an action, and that the performance of the order may be enforced by an attachment.
But we should not he disposed to adopt this method, to enforce the performance of a contract, except in very clear cases. The only instances in which we should be disposed to interfere in this way, would he those where the contract had been reduced to writing, and put on file, or where it had been entered upon the docket by the clerk.
*371But in cases where the terms of the contract are in…
2Cases cited1 opinion
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
3Cited by4 opinions
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894
- Byblos Corp. v. Salem Farm Realty TrustSupreme Court of New Hampshire · 1997
- Pike v. EmersonSuperior Court of New Hampshire · 1831
- Vaughan v. MorrisonSupreme Court of New Hampshire · 1875