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64 N.H. 89

5 A 659

Abbot v. Renaud

Supreme Court of New Hampshire

Decided June 5, 1886

Supreme Court of New Hampshire · decided 1886-06-05

Writ of Error, bringing before the court the petition of Wm. H. Renaud to be substituted as plaintiff in the suit Isaac Q. Wilbur v. Edward A. Abbot, and the record therein. The errors assigned are, (1) That Renaud was substituted as plaintiff at a term subsequent to the time when final judgment was rendered in the cause, and without notice to the plaintiff in error.

Relies on McIntire v. Carr

Good law ✅— No negative treatment on recordhow we know

Decided 1886-06-05

How this case has been cited

Cited by 4 later decisions — most recently March 1918

4 state decisions

101886189019001910decided

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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Allen, J.

¶1 Ordinarily a party aggrieved by error in a judgment has a simple and ample remedy by motion at the trial term to bring the action forward, and to vacate, modify, or reverse the judgment complained of. McIntire v. Carr, 59 N. H. 207. If it shall appear that there is any record of an order or judgment made in court substituting Renaud as party plaintiff in the place of Wilbur in the action Wilbur v. Abbot, the plaintiff in error can have his remedy at the trial term, the cumbersome process of a writ of error being unnecessary.

¶2 Writ dismissed.

Doe, C. J., did not sit: the others concurred.
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