Cox v. Leviston
Supreme Court of New Hampshire
Petition, for a new trial of the cause reported 63 N. H. 283. The petition sets forth a variety of grounds upon which it is claimed that justice has not been done, through accident, mistake, and misfortune, and that a further hearing would be equitable. The petition was heard at length at the trial term, and a full report of the findings, and of the evidence upon which they were made, was incorporated in the reserved case.
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Petition, for a new trial of the cause reported 63 N. H. 283. The petition sets forth a variety of grounds upon which it is claimed that justice has not been done, through accident, mistake, and misfortune, and that a further hearing would be equitable. The petition was heard at length at the trial term, and a full report of the findings, and of the evidence upon which they were made, was incorporated in the reserved case. The material portions of the report appear in the opinion. The court granted the prayer of the petition, allowing a new trial to the plaintiff, and the defendants excepted.
1Opinion of the CourtSmith, J.
A new trial was granted at the hearing on this petition because justice has not been done through accident, mistake, or misfortune, and a further hearing would be equitable. G. L., e. 234, s. 1. If the finding is one of fact, it is conclusive, unless upon the facts and evidence reported it appears that there is no competent evidence to support it; and the question is, whether such accident, mistake, or misfortune has been shown as will entitle the plaintiff to the relief prayed for. The specific reasons reported for granting a new trial are three: 1. A mistake was made by the plaintiff’s…
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