Brown v. West
Supreme Court of New Hampshire
Writ oe Entry, to foreclose a mortgage. After the decision reported in 64 N. H. 385 was rendered, the plaintiff filed a surrejoinder, alleging that one of the notes secured by the mortgage was not included in the former conditional judgment thereon. The defendant demurred. The plaintiff moved to bring forward the former action for the correction of the judgment. Facts found by the court.
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Writ oe Entry, to foreclose a mortgage. After the decision reported in 64 N. H. 385 was rendered, the plaintiff filed a surrejoinder, alleging that one of the notes secured by the mortgage was not included in the former conditional judgment thereon. The defendant demurred. The plaintiff moved to bring forward the former action for the correction of the judgment. Facts found by the court. When the plaintiff’s attorneys filed the mortgage and notes in the former action for the purpose of taking judgment, they filed by mistake a note against the defendant secured by the mortgage but not then…
1Opinion of the Court
Blodgett, J. .
The power to set aside, modify, or amend judgments for .sufficient- cause being unquestionable ( Clough v. Moore, 63 N. H. 112, Eastman v. Concord, 64 N. H. 265), the only question arising in this class of cases is, whether such cause is shown. This question, from its nature, depends upon the particular circumstances of each case, and is therefore one of fact to be determined at the trial term (Bank v. Clement, 58 N. H. 534, Clough v. Moore, supra) ; and when so determined no question of law is raised by a general exception to the result. Fox v. Tuftonborough, 58 N. H. 19;…
2Cases cited6 opinions
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Connell v. PutnamSupreme Court of New Hampshire · 1879
- Western Union Telegraph Co. v. StateSupreme Court of New Hampshire · 1886
- Lefavor v. SmithSupreme Court of New Hampshire · 1877
- Whitcher v. DexterSupreme Court of New Hampshire · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lamarre v. LamarreSupreme Court of New Hampshire · 1930
- Holland v. Laconia Building & Loan Ass'nSupreme Court of New Hampshire · 1896
- Vigno v. VignoSupreme Court of New Hampshire · 1918