Flannagan v. Prosper Shevenell & Son, Inc.

Three of the exceptions are taken to findings on the ground that there was no evidence to support them. The record shows that the findings were reasonably warranted as inferences from the evidence.

One exception relates to findings inconsistent with the averments of the petition on the ground that the defendant, not. filing an answer, admitted the avernments, which were therefore to be taken pro confesso in accordance with rule 117 of the superior court. The superior court may suspend a general rule in a particular case. Petition of Rindge, 54 N. H. 106, 108; Hutchinson v. Railway, 73 N. H.…