Abbott v. Abbott

Decided February 2, 1915

Supreme Court of New Hampshire · decided 1915-02-02

Petition eor Partition. At the April term, 1914, of the superior court, the plaintiff’s motion that the answer to the petition be disallowed was denied by Branch, J., subject to exception.

Good law ✅— No negative treatment on recordhow we know

Decided 1915-02-02

How this case has been cited

Cited by 8 later decisions — most recently April 2005

8 state decisions

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 →

Per Curiam.

¶1 It was conceded at the argument that there was no legal objection to a physical partition of the premises. Whether the premises can be so divided is a question of fact for the trial court. Laws 1913, c. 21, s. 3. As there appears to be little, if any, doubt *602 that in fact such division can be made without great prejudice or inconvenience, ordinary convenience in procedure requires the determination of that question before discussion of the proposition whether upon the facts stated a sale of the whole can be ordered.

¶2 Case discharged.