Parker v. Burns
Supreme Court of New Hampshire
From Cobs Circuit Court. On the plaintiff’s motion at the April term, 1875, this cause was referred by order of court. The referee made a general report in favor of the defendant. The referee also found that the plaintiff’s cause of action was barred by the statute of limitations. The writ, pleadings, and the report are made a part of this case. At the November term, 1875, the plaintiff elected a trial by jury, and the action was continued.
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From Cobs Circuit Court. On the plaintiff’s motion at the April term, 1875, this cause was referred by order of court. The referee made a general report in favor of the defendant. The referee also found that the plaintiff’s cause of action was barred by the statute of limitations. The writ, pleadings, and the report are made a part of this case. At the November term, 1875, the plaintiff elected a trial by jury, and the action was continued. At the April term, 1876, after marking the case not for the jury, the plaintiff asked leave to become nonsuit, which was denied. The plaintiff gave as a…
1Concurrence
The case of Pollard v. Moore, 51 N.H. 188, may be cited as resting on the same principle. There a mill-owner, under the act of 1868 for the encouragement of manufactures, had filed his petition for the assessment of the land-owner's damages. The damages having been assessed, it was held that the petitioner could not avoid the effect of this assessment by becoming nonsuit. To the same effect is Farmington v. Copp,56 N.H. 218.
LADD, J., concurred.
Exceptions overruled.
2Cases cited2 opinions
- Pollard v. MooreSupreme Court of New Hampshire · 1871
- Farmington v. Copp and JohnsonSupreme Court of New Hampshire · 1875