77 N.H. 603
94 A 265
Supreme Court of New Hampshire
Decided May 4, 1915
Supreme Court of New Hampshire · decided 1915-05-04
Bill in Equity, to determine the location of a divisional line. The case was originally heard in the superior court before Mitchell, J., and on October 31, 1911, a decree was filed establishing the boundary. February 9, 1912, the plaintiff filed a motion for a modification of the decree, and a hearing was had thereon before Mr. Justice Mitchell, who died before taking any action.
Decided 1915-05-04
¶1 Whether the decree should be modified was a question of fact; consequently the only question of law raised by the defendant’s exception is whether there was any evidence to sustain the court’s finding. Instead of there being no evidence to sustain the court’s conclusion, it is the only conclusion that can be drawn from the evidence. „
¶2 Exception overruled.