Legal Opinion

Martineau v. Waldman

Supreme Court of New Hampshire

Decided June 5, 1945No. 3534PublishedCited by 7 opinions

1Opinion of the CourtJohnston, J.

The procedure outlined in the former opinion has been correctly followed. “A question of law once decided is not reconsidered in the same case, except upon a motion for rehearing.” Olney v. Railroad, 73 N. H. 85, 91. The question of the constitutionality of R. L., c. 355, s. 14 was raised by the defendant in his motion for a rehearing on the former transfer, and there is no necessity of that subject being considered again.

Whether the phrase “expenses of recovery” includes attorney fees is a new matter. In view of the fact that it is difficult to conceive of what other expense an administrator…

2Cases cited1 opinion

  1. Olney v. RailroadSupreme Court of New Hampshire · 1904

3Cited by7 opinions

  1. Manchester Housing Authority v. BelcourtSupreme Court of New Hampshire · 1971
  2. In re Estate of Infant FontaineSupreme Court of New Hampshire · 1986
  3. Taylor v. NuttingSupreme Court of New Hampshire · 1990
  4. Leavitt v. HamelinSupreme Court of New Hampshire · 1985
  5. In Re Bergeron EstateSupreme Court of New Hampshire · 1977

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