Perkins v. Langmaid
Supreme Court of New Hampshire
The agreed case, transferred from the court of Common Pleas to this court, and in which the opinion was delivered, as reported in 84 N. H. 315, contains the following stipulation : “ The parties agree that if either shall desire to contest any fact stated in this case, or to prove any other that shall, by the judgment of the court, be material, then this case may be discharged and stand for trial.”
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The agreed case, transferred from the court of Common Pleas to this court, and in which the opinion was delivered, as reported in 84 N. H. 315, contains the following stipulation : “ The parties agree that if either shall desire to contest any fact stated in this case, or to prove any other that shall, by the judgment of the court, be material, then this case may be discharged and stand for trial.” An order was sent from this court to the court of Common Pleas for judgment for the plaintiff. The defendants thereupon moved in the court below that the case be discharged, and they, as selectmen…
1Opinion of the CourtSawyer, J.
"When a case is transferred to this court upon an agreed statement of facts, and the agreement contains no provision for a discharge of the case, or for further proceedings in the court below, the order from this court for judgment is ordinarily to be considered as absolute, and no proceedings are to be had in that court other than to render .judgment according to the order, unless leave is granted, in the order, to one of the parties to move in the court below for further proceedings. If, however, the agreed case contains a provision to the effect that, upon judgment being ordered upon the…
2Cited by3 opinions
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
- Eldredge Brewing Co. v. City of PortsmouthCourt of Appeals for the First Circuit · 1941
- Paul v. LinscottSupreme Court of New Hampshire · 1876