Russell v. Dyer
Supreme Court of New Hampshire
This was a petition of Francis Russell, in the following form: And now Francis Russell, of, &c., comes and respectfully represents that at the last November term of this ■court, Isaac Dyer, of, &c., entered his petition in this court, praying that the return of the officer, B. H. Chadbourne, upon certain executions on file in the clerk’s office of this court, might be amended; and such proceedings were thereupon had at said term, that the said Chadbourne was allowed by this…
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This was a petition of Francis Russell, in the following form: And now Francis Russell, of, &c., comes and respectfully represents that at the last November term of this ■court, Isaac Dyer, of, &c., entered his petition in this court, praying that the return of the officer, B. H. Chadbourne, upon certain executions on file in the clerk’s office of this court, might be amended; and such proceedings were thereupon had at said term, that the said Chadbourne was allowed by this court to make, and did, among other things, make the following amendment upon an execution, which issued upon a…
1Opinion of the Court
Bell, C. J.*
By our practice every cáse pending in the court should be entered on the docket, and all orders made in it should be minuted under that entry. If, then, from any cause a case has been left off the docket, and any order respecting it is desired by either party, the regular course is to move, first, that the case may be brought forward on the docket. An order for that purpose is a matter of course, and, as it decides nothing but that the court are ready to hear the party, it is not debatable. The case being, then, properly before the court, any order may be made that is proper. The…
2Cited by2 opinions
- Aldrich v. WrightSupreme Court of New Hampshire · 1876
- Rice v. HoldenSupreme Court of New Hampshire · 1875