Trainor v. Heath
Supreme Court of New Hampshire
Case, for personal injuries caused by tlie defendants’ negligence. The damages demanded exceed one hundred dollars. At the March term, 1891, the case, after having been put upon the jury list, was taken from it by agreement, marked “ issues to the court,” and continued. At the next term it was tried under the agreement, but was not decided. The question was reserved whether the plaintiff is now entitled to a jury trial.
1Opinion of the Court
Chase,'J.
The agreement binds tlie parties, and, like other agreements made matter of record, should be specifically enforced, unless it appears that it ought to be vacated for good cause. Alton v. Gilmanton, 2 N. H. 520; Fernald v. Ladd, 4 N. H. 370; Dexter v. Young, 40 N. H. 130; Blain v. Patterson, 47 N. H. 523, 526; Wells v. Jackson Iron Company, 48 N. H. 491, 526; Page v. Brewsters, 54 N. H. 184; Brooks v. New Durham, 55 N. H. 559, 561; Vaughan v. Morrison, 55 N. H. 580, 592; Weare v. Putnam, 56 N. H. 49; Woodbury v. Swan, 59 N. H. 515; Russell v. Babbitt, 60 N. H. 373. Whether it should…
2Cases cited5 opinions
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875
- Vaughan v. MorrisonSupreme Court of New Hampshire · 1875
- Russell v. BabbittSupreme Court of New Hampshire · 1880
- Weare v. PutnamSupreme Court of New Hampshire · 1875
- Woodbury v. SwanSupreme Court of New Hampshire · 1880
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