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59 N.H. 207

McIntire v. Carr

Supreme Court of New Hampshire

Decided June 5, 1879

Supreme Court of New Hampshire · decided 1879-06-05

Writ or Error, to reverse a judgment rendered at the trial term against the plaintiff, as trustee of one R.', in the original action.

Good law ✅— No negative treatment on recordhow we know

Decided 1879-06-05

How this case has been cited

Cited by 7 later decisions — most recently January 1926

7 state decisions

40187918801890190019101920decided

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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Smith, J.

¶1 According to the practice in this state, a p'arty who is aggrieved by a judgment rendered at the trial term, may at a subsequent term move to bring the action forward, and to vacate or modify the judgment. The remedy thus afforded is simple, expeditious, mexpensive, and, in general, ample. A resort to the cumbersome process of a writ of error is seldom necessary. In this case, if the plaintiff is entitled to any relief, he can have it on a motion to bring the original action forward at the trial term; and for that reason the writ of error is

¶2 Dismissed.

All concurred.
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