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5 N.H. 393

Pike v. Emerson

Superior Court of New Hampshire

Decided May 15, 1831

Superior Court of New Hampshire · decided 1831-05-15

Tins action wag commenced in the court of common pleas, and while the action was pending in that court, the following agreement was written and signed on the bacV of the writ : s'£ Grafton, ss. G. C. Pleas, September Term, 1829. J, Pike v. J. Emersos. In tins ease, it is agreed, that the judgment of this court, in this cause shall be final and conclusive if against the plaintiff, he hereby waiving his right of appeal, &.c, (Signed) Ilf T. Hadduck, for the plaintiff.

Relies on Yates v. Russell

Good law ✅— No negative treatment on recordhow we know

Decided 1831-05-15

How this case has been cited

Cited by 10 later decisions — most recently October 1947

1 district · 9 state decisions

30183118401850186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

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¶1e’^’c u ’ ’ ryi’o ic.ncy ha ⅝ e"tho,h'r b’ ^a " "we "a " ’ ’i ⅛, m a wu&wkey; ic. b'ad'd che’ 1, '"i , 1, a ’’ "W' wit rmy, m many t ' a-, 1 " c < M rec¿l S A i%n fwawri pwebee 01 ; 'bn ' ' * '-'v c 'p«-u fm r -'vc' v p-j^g ughc or roma 7 *" 0 r a -> r ^ wp vM ’ w i,, yrh p ca^c a ur ’ ~f w co ill’'1 rn w'rcd b 1 an agreement by m atm’ rr to r Me *■ c ’ 1 e 1 ’ M uheg uprr h.v (-’lent 2, *394N.H. Rep. 520, Alton c. Gilmanton; 1 H. Bl. Camden v. Edie; 17 Johns. 461, Yates v. Russell; 12 Mass. Rep. 47, Haske;; v. Whitney; 16 Mass. Rep. 396, Buckland v. Conway ; 7 Cranch, 136, Holker v. Parker ; 4 N. H. Rep. 370, Fernald v. Ladd ; 7 Cowen, 744 ; 6 Cowen, 387.

¶2The court has tire power, without doubt, in ease of fraud or mistake, to relieve a party from the effects of such an agreement. But while an agreement like that made by these parties in the court below, remains unini-peached, we are of opinion that no appeal can be prosecuted here.

¶3Appeal dismissed.

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