Bricker v. Sceva Speare Memorial Hospital

Motion to vacate a judgment rendered on May 17, 1971, dismissing a bill in equity brought in the superior court by plaintiff physician to enjoin the defendant hospital from enforcing its decision not to reappoint him to its medical staff. Defendant filed a special plea asking that plaintiff’s motion dated September 25, 1974, be dismissed under the provisions of RSA 526:4. This section reads as follows: “A new trial shall not be granted unless the petition is filed within three years after the rendition of the judg ment complained of, or the failure of the suit.” The Trial Court (Johnson, J.)…