Meloon v. Read
Supreme Court of New Hampshire
Action, against Milton Read and Fred Nelson, to recover the value of logs cut by the latter on the plaintiff’s land. The declaration contains a count in trespass quare clausum et de bonis and one in trover. Trial by jury and verdicts for the plaintiff, against Read on the count in trover and against Nelson on the count in trespass.
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Action, against Milton Read and Fred Nelson, to recover the value of logs cut by the latter on the plaintiff’s land. The declaration contains a count in trespass quare clausum et de bonis and one in trover. Trial by jury and verdicts for the plaintiff, against Read on the count in trover and against Nelson on the count in trespass. Transferred from the June term, 1904, of the superior court by Stone, J. A verdict had been ordered for Read on the count in trespass at a former trial. Before this trial began, he seasonably moved for a separate trial, on the ground that the action was in fact an…
1Opinion of the CourtParsons, C. J.
If the court set aside Read’s verdict before proceeding with this trial, — as might have been done if it appeared justice required that the whole case should be tried de novo, — the only question raised by Read’s exception to the denial of his motion for a separate trial is whether he had a right to one as a matter of law, because of the verdict for him on the count in trespass ordered at the first trial. The counts in the declaration were properly joined (Farnum v. Company, 69 N. H. 231), and charged Read and Nelson with the commission of a joint tort; and if this verdict were set aside, the…
2Cases cited6 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Beede v. LampreySupreme Court of New Hampshire · 1888
- Gove v. WatsonSupreme Court of New Hampshire · 1881
- Hitchcock v. LibbySupreme Court of New Hampshire · 1900
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
- Associated Home Utilities, Inc. v. Town of BedfordSupreme Court of New Hampshire · 1980
- American Sand & Gravel Co. v. SpencerIndiana Court of Appeals · 1913
- Pleasant Valley Campground, Inc. v. RoodSupreme Court of New Hampshire · 1980
2 more not listed; retrieve them via the Exa API.