Kennedy v. Shaw

This case is a bill in equity seeking diverse relief arising out of certain transactions between the parties. At a hearing, the Trial Court (Goode, J.) considered as confessed, under Superior Court Rule 222, RSA 491:App. R. 222 (Supp. 1977), the plaintiffs amendment to his bill seeking the discharge of two mortgages hereinafter described, and decreed the relief sought. The defendant excepted to the court’s entering the final decree without allowing him to submit a defense. Defendant’s exceptions were transferred. We uphold the action of the trial court.

The plaintiff’s bill sought an…