Foster v. Bedell

The plaintiff appeals an order of the Superior Court (Hampsey, J.) dismissing this action on grounds of res judicata. He contends that dismissal of his first suit for failure to file a pretrial statement was not a judgment on the merits, and therefore, pursuant to RSA 508:10, he may bring a new action. We affirm.

In October 1988, the plaintiff and his wife (the Fosters) sued the defendants in trespass and conversion, alleging that the defendants had placed mobile homes on the Fosters’ land and had collected rents therefrom without their permission. On November 28,1990, the trial court ordered…