Cook v. Sargent
Supreme Court of New Hampshire
Bill in Equity, offering to restore to the defendant the title of ■ certain lands which he had deeded to the plaintiff and seeking to have the consideration which the plaintiff claims to have paid therefor restored to her. Trial by the court. Transferred from the October term, 1914, of the superior court by Sawyer, J. The plaintiff alleged that she was defrauded by the defendant or his agents.
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Bill in Equity, offering to restore to the defendant the title of ■ certain lands which he had deeded to the plaintiff and seeking to have the consideration which the plaintiff claims to have paid therefor restored to her. Trial by the court. Transferred from the October term, 1914, of the superior court by Sawyer, J. The plaintiff alleged that she was defrauded by the defendant or his agents. The superior court found that she was not so defrauded and ordered the bill dismissed. To this order the plaintiff excepted, on the ground that the court did not decide the case according to the weight…
1Opinion of the CourtPlummer, J.
The exceptions raise no questions of law. They are based upon the claim that the trial court did not find in accordance with the weight of the evidence. The weight of the evidence is fully and finally determined by the trial court, and the findings of the court relating thereto will not be disturbed by this court. Pitman v. Mauran, 69 N. H. 230; Wilbur v. Berry, 71 N. H. 619. Furthermore, if the plaintiff desired to raise the question that the facts found by the court were not warranted by the evidence, she should have made the objection at the trial. “This objection is not transferred by the…
2Cases cited6 opinions
- Elwell v. RoperSupreme Court of New Hampshire · 1904
- Farnham v. AndersonSupreme Court of New Hampshire · 1907
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Head & Dowst Co. v. New England Breeders' ClubSupreme Court of New Hampshire · 1910
- Wilbur v. BerrySupreme Court of New Hampshire · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bennett v. LaroseSupreme Court of New Hampshire · 1926