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58 N.H. 91

Brooks v. Howard

Supreme Court of New Hampshire

Decided March 5, 1877

Supreme Court of New Hampshire · decided 1877-03-05

In Equity. After a verdict for the plaintiffs on issues submitted to a jury, the defendant petitioned for a new trial on the ground of newly discovered evidence.

Relies on Ordway v. Haynes

Good law ✅— No negative treatment on recordhow we know

Decided 1877-03-05

How this case has been cited

Cited by 8 later decisions — most recently November 1922

8 state decisions

20187718801890190019101920decided

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.

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Doe, C. J.

¶1 In cases like this, in which there is no right of review, the practice of granting new trials is more liberal than in reviewable actions. Ordway v. Haynes, 47 N. H. 9. The question, whether a new trial should be granted on the ground that by reason of newly discovered evidence a further hearing would be equitable (Gen. St., c. 215, s. 5), is a question of fact to be decided at the trial term.

¶2 Case discharged.

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