BROWN v. GOTTESMAN, 103 N.H. 33 (1960)

165 A.2d 43 WILLIAM BROWN v. BENJAMIN GOTTESMAN AND RAYMOND JOBIN. No. 4840.Supreme Court of New Hampshire Strafford.Argued September 7, 1960. Decided October 28, 1960. 1. The evidence warranted the finding that the plaintiff operator of a motor vehicle was not contributorily negligent as a matter of law in colliding with the rear of one […]

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WINCHESTER v. CAPRON, 63 N.H. 605 (1885)

4 A. 795 WINCHESTER v. CAPRON. Supreme Court of New Hampshire Cheshire. Decided December, 1885. Taking and laying out land for a highway does not give the town right to erect and maintain a watch-house thereon. TRESPASS, for entering and removing “a certain watch-house, or tramp-house, erected and owned by the plaintiffs, and standing wholly […]

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MOTION MOTORS v. BERWICK, 150 N.H. 771 (2004)

846 A.2d 1156 MOTION MOTORS, INC. v. KENNETH G. BERWICK a. No. 2003-008.Supreme Court of New Hampshire MerrimackArgued: February 4, 2004. Opinion Issued: April 20, 2004. 1. Trespass — Trespass to Realty — Particular Cases Timber rights do not qualify as “land of another” for the purposes of the statute authorizing enhanced damages for unlawful […]

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APPEAL OF HOLLINGWORTH, 122 N.H. 1028 (1982)

453 A.2d 1288 APPEAL OF BEVERLY HOLLINGWORTH AND ROBERTA PEVEAR APPEAL OF THE NEW HAMPSHIRE CIVIL DEFENSE AGENCY (New Hampshire Public Utilities Commission) No. 82-125 No. 82-126Supreme Court of New Hampshire Public Utilities Commission Decided December 10, 1982 1. Public Utilities — Statutes — Construction Nothing in the chapter governing the nuclear planning and response […]

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TOUSSAINT v. FOGARTY, 80 N.H. 286 (1922)

116 A. 636 ARTHUR A. TOUSSAINT a. v. JOHN A. FOGARTY a. Supreme Court of New Hampshire Coos. Decided January 21, 1922 A vote by the city council of Berlin authorizing the issue of bonds to the amount of $400,000, for the erection of a high school building, though in excess of two per cent. […]

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STATE v. AMERO, 106 N.H. 134 (1965)

207 A.2d 440 STATE v. HAROLD E. AMERO. No. 5235.Supreme Court of New Hampshire Strafford.Argued January 5, 1965. Decided February 26, 1965. 1. In a criminal case, circumstantial evidence may be sufficient for a jury to find a respondent guilty beyond a reasonable doubt, and it is not essential that there be an eyewitness to […]

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LEAZOTTE v. COMPANY, 74 N.H. 480 (1908)

69 A. 640 LEAZOTTE v. JACKSON MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided April 7, 1908. A master who knows or ought to know that his premises are unsafe, and negligently fails to guard against the danger, is liable to a servant who is injured thereby, without reference to the manner in which […]

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HAM v. SANBORN, 68 N.H. 19 (1894)

40 A. 395 HAM v. SANBORN. Supreme Court of New Hampshire Strafford. Decided June, 1894. If upon the owner’s demand for diamonds, false stones are delivered to him, he need not return them before bringing trover. TROVER. Facts found by the court. The plaintiff gave the defendant a set of diamond ear-drops upon a certain […]

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CONCORD GEN MUT INS CO v. GREEN Co BLDG DEV CORP, 160 N.H. 690 (2010)

CONCORD GENERAL MUTUAL INSURANCE COMPANY v. GREEN COMPANY BUILDING AND DEVELOPMENT CORPORATION a. No. 2009-699.Supreme Court of New Hampshire. Merrimack.Argued: May 4, 2010. Opinion Issued: September 17, 2010. 1. Insurance — Proceedings — Burden ofProof In a declaratory judgment action to determine the coverage of an insurance policy, the burden of proof is always on […]

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STATE v. LAAMAN, 114 N.H. 794 (1974)

331 A.2d 554 STATE OF NEW HAMPSHIRE v. JAAN KARL LAAMAN, a.k.a. KARL J. LAAMAN No. 6571Supreme Court of New Hampshire Hillsborough Decided December 31, 1974 1. Due process requires that an accused receive a trial by a fair and impartial jury. Page 795 2. Publicity can affect an accused’s right to a fair trial […]

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STOCKLAN v. BRACKETT, 95 N.H. 227 (1948)

61 A.2d 140 LOUIS STOCKLAN v. WOODBURY BRACKETT a. No. 3784.Supreme Court of New Hampshire Strafford. Decided September 7, 1948. Failure to file a “notice of claim” with the city clerk as required by the city charter does not preclude the maintenance of a bill in equity against the city to enjoin it from entering […]

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SHEEHAN v. HENNESSEY, 65 N.H. 101 (1889)

18 A. 652 SHEEHAN, Ex’r, v. HENNESSEY. Supreme Court of New Hampshire Rockingham. Decided June, 1889. A plaintiff executor may testify simply to identify the account books of the deceased without admitting the defendant to testify generally in the case. Whether a witness may be recalled for further examination is for the judge at the […]

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LOCKE v. CRESSY COMPANY, 108 N.H. 116 (1967)

229 A.2d 181 FRANKLIN E. LOCKE v. CRESSY COMPANY, INC. a. No. 5526.Supreme Court of New Hampshire Rockingham.Argued March 9, 1967. Decided April 28, 1967. 1. The statute (RSA 262-A:17) prescribing the manner of operation of a motor vehicle overtaking another vehicle proceeding in the same direction was held to have no application in the […]

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MARINO v. GOSS, 120 N.H. 511 (1980)

418 A.2d 1271 SEBASTIAN G. MARINO v. ROBERT B. GOSS a. No. 79-353Supreme Court of New Hampshire Rockingham Decided August 21, 1980 1. Zoning — Enforcement — Authority A building inspector’s authority to enforce a zoning ordinance, if existent, is derived from the power of a town to zone and is necessarily subservient to the […]

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DURGIN v. PILLSBURY LAKE WATER, 153 N.H. 818 (2006)

GLADYS LEE DURGIN v. PILLSBURY LAKE WATER DISTRICT. No. 2005-328.Supreme Court of New Hampshire Franklin District Court.Argued: May 10, 2006. Opinion Issued: August 1, 2006. 1. Contracts — Creation — Meeting of the Minds A valid, enforceable contract requires offer, acceptance, consideration, and a meeting of the minds. For a meeting of the minds to […]

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JONES v. HOLT, 64 N.H. 546 (1888)

15 A. 214 JONES v. HOLT. Supreme Court of New Hampshire Hillsborough. Decided June, 1888. A married woman may bind herself by a promissory note given to the holder of a mortgage, upon personal property bought by her husband, to discharge the lien. ASSUMPSIT, on a promissory note for $115, payable to the plaintiff or […]

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BROWN v. BROCKWAY, 87 N.H. 342 (1935)

179 A. 411 FRED D. BROWN a. v. LENA MAE BROCKWAY, Ex’x. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1935. No action can be brought upon a sheriff’s bond until a judgment has first been obtained against him or his deputy for breach of duty. (P. L., c. 37, s. 10). An action […]

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STEARNS v. WALLACE, 58 N.H. 228 (1877)

STEARNS v. WALLACE. Supreme Court of New Hampshire Hillsborough. Decided December, 1877. When an infant under guardianship is sued, the process should be served upon his guardian. TRESPASS, for an assault. The defendant was described as an infant, under the guardianship of Harriet G. Wallace, and the officer was commanded by the writ to “summon […]

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LOCKE v. PITTSFIELD, 63 N.H. 122 (1884)

LOCKE v. PITTSFIELD. BARTON v. SHAW a. Supreme Court of New Hampshire Merrimack. Decided June, 1884. The doctrine of Edes v. Boardman, 58 N.H. 580, applies to the assessment and collection of taxes for school-district purposes. TRESPASS. Both actions were tried by the court. The plaintiff, in opening, stated that the first action is brought […]

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McGREENERY v. MURPHY, 76 N.H. 338 (1912)

82 A. 720 McGREENERY a. v. MURPHY Tr. Supreme Court of New Hampshire Merrimack. Decided March 5, 1912. One who in good faith and for an adequate consideration purchases a stock of merchandise in bulk, but omits to notify the vendor’s creditors of the proposed sale in accordance with chapter 69, Laws 1909, is not […]

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STATE v. ROBINSON, 158 N.H. 792 (2009)

THE STATE OF NEW HAMPSHIRE v. SCOTT ROBINSON. No. 2008-009.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: May 6, 2009. Opinion Issued: June 12, 2009. 1. Search and Seizure — Generally — Expectation of Privacy An expectation of privacy plays a role in the protection afforded under the search and seizure provisions of the New […]

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CHRETIEN v. DUHAIME, 100 N.H. 254 (1956)

124 A.2d 208 JEAN A. J. CHRETIEN, Adm’r v. ROMEO L. DUHAIME. No. 4481.Supreme Court of New Hampshire Hillsborough.Argued May 1, 1956. Decided July 6, 1956. Where funds belonging to the mother were deposited in a bank under the joint names of herself and her son, with whom she was living, certain withdrawals therefrom by […]

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KIDD v. TRACTION CO., 74 N.H. 160 (1907)

66 A. 127 KIDD a. v. NEW HAMPSHIRE TRACTION CO. a. Supreme Court of New Hampshire Rockingham. Decided March 5, 1907. Officers appointed by a board of directors to execute a written contract in behalf of a corporation are representatives of the company, and not agents of the directors; and their authority is not ipso […]

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SAMYN-D’ELIA ARCHITECTS v. SATTER COS., NEW ENGLAND, 137 N.H. 174 (1993)

624 A.2d 970 SAMYN-D’ELIA ARCHITECTS, P.A. v. SATTER COMPANIES OF NEW ENGLAND, INC. I. MICHAEL WINOGRAD v. SAMYN-D’ELIA ARCHITECTS, P.A. No. 91-438Supreme Court of New Hampshire Grafton Decided May 11, 1993 1. Appeal and Error — Filing of Notice of Appeal — Necessary Inclusions Supreme Court addressed issue of attorney’s status as intervenor in civil […]

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COBURN v. STORER, 65 N.H. 668 (1889)

23 A. 529 COBURN v. STORER. SAME v. SAME. Supreme Court of New Hampshire Rockingham. Decided June, 1889. ASSUMPSIT and TROVER. Tried by the court, who found the facts and assessed damages. The defendant excepted. A. C. Osgood and David Cross, for the defendant. Wiggin Fernald, for the plaintiff. CARPENTER, J. The plaintiff’s right to […]

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FOLGER v. CORBETT, 118 N.H. 737 (1978)

394 A.2d 63 PATRICIA FOLGER v. VINCENT PETER CORBETT, M.D. No. 78-151Supreme Court of New Hampshire Rockingham Decided October 30, 1978 1. Physicians and Surgeons — Informed Consent Generally, a doctor has a duty to inform his patient of the reasonable risks involved in an operation or treatment so that the patient can make an […]

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LABRECQUE v. CHILDS, 94 N.H. 451 (1947)

55 A.2d 473 ROLAND LABRECQUE v. EDWARD R. CHILDS, JR. No. 3676.Supreme Court of New Hampshire Strafford. Decided November 4, 1947. A nonsuit was improperly ordered where the defendant, without warning, backed his vehicle from a parked position rapidly, from behind other parked vehicles, into a principal thoroughfare where approaching traffic was to be anticipated, […]

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BERRY v. RAILWAY, 79 N.H. 161 (1919)

106 A. 603 EDWARD H. BERRY, by his next friend, GEORGE H. BERRY, v. MASSACHUSETTS NORTHEASTERN STREET RAILWAY CO. Supreme Court of New Hampshire Rockingham. Decided March 4, 1919. The argument of counsel, that the testimony of a witness was the result of “imagination cultivated under railroad influence,” and that another witness was “under corporate […]

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ALDRICH v. WRIGHT, 57 N.H. 104 (1876)

ALDRICH v. WRIGHT. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided March 22, 1876. Practice — Vacating judgments — Orders of the superior court — When reheard. An order of the late supreme court, vacating a judgment rendered at the trial term and granting a new trial, is in the nature of a […]

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STATE v. HESS CORP., 161 N.H. 426 (2011)

20 A.3d 212 STATE OF NEW HAMPSHIRE v. HESS CORPORATION a. No. 2010-082.Supreme Court of New Hampshire. Merrimack.Argued: November 10, 2010. Opinion Issued: January 28, 2011. 1. Environment and Natural Resources — Environmental Rights and Actions — Right to Relief The State is not precluded from recovering damages related to methyl tertiary butyl ether contamination […]

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JUDGE OF PROBATE v. MATHES, 60 N.H. 433 (1881)

JUDGE OF PROBATE v. MATHES a. Supreme Court of New Hampshire Rockingham. Decided June, 1881. In a suit on the bond of an executor who has not settled an account, the want of interest of a person on whose petition the executor has been cited to settle an account is not a defence. Generally a […]

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WHIPPLE v. BARTON, 63 N.H. 613 (1885)

3 A. 922 WHIPPLE v. BARTON. Supreme Court of New Hampshire Sullivan. Decided December, 1885. To sustain a gift from a client to his attorney, the burden is upon the latter to show not only that it is voluntary, but also that it is made with full knowledge of all material facts known to him, […]

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SIMPSON v. CALIVAS, 139 N.H. 1 (1994)

650 A.2d 318 ROBERT H. SIMPSON, JR. v. CHRISTOPHER CALIVAS No. 92-231Supreme Court of New Hampshire Strafford Decided September 21, 1994 1. Negligence — Duty — Generally In order to recover for negligence, a plaintiff must show that there exists a duty, whose breach by the defendant causes the injury for which the plaintiff seeks […]

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HOBART v. JORDAN, 58 N.H. 500 (1878)

HOBART v. JORDAN. Supreme Court of New Hampshire Coos. Decided August, 1878. In a suit at law brought against a purchaser of land for a part of the price, if he has materially changed the condition of the land by cutting and removing timber, and cannot, by a reconveyance, restore the vendor to his former […]

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STATE v. COCHRAN, 132 N.H. 670 (1990)

569 A.2d 756 THE STATE OF NEW HAMPSHIRE v. SEAN P. COCHRAN No. 88-284Supreme Court of New Hampshire Rockingham Decided February 7, 1990 1. Appeal and Error — Evidentiary Ruling — Burden of Proof An appellant claiming trial court error in an evidentiary ruling has the burden to demonstrate that the ruling is clearly untenable […]

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EASTMAN v. McCARTEN, 70 N.H. 23 (1899)

45 A. 1081 EASTMAN v. McCARTEN. RICH v. BEATTIE. Supreme Court of New Hampshire Coos. Decided June, 1899. An act of the legislature, legalizing and confirming the votes and proceedings at an election held under a warrant not posted in accordance with the statutory requirement, is not within the prohibition of article 23 of the […]

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GARVIN v. LEGERY, 61 N.H. 153 (1881)

GARVIN a. v. LEGERY. Supreme Court of New Hampshire Carroll. Decided December, 1881. The statutes permitting any amendment required for the prevention of gross justice in any civil case, authorize the want of an indorsement of a writ to be remedied by such an amendment. The question of justice, so far as it is a […]

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STATE v. COAN, 91 N.H. 489 (1941)

23 A.2d 369 STATE v. HAROLD D. COAN. HAROLD D. COAN v. GEORGE W. HILTON. No. 3262.Supreme Court of New Hampshire Rockingham. Decided December 2, 1941. A petition for habeas corpus alleging the erroneous refusal of a municipal court to grant an appeal and the later refusal to grant a new trial may be amended […]

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TOWN OF SWANZEY v. LIEBELER, 140 N.H. 760 (1996)

674 A.2d 968 TOWN OF SWANZEY v. WESLEY J. LIEBELER No. 94-743Supreme Court of New Hampshire Cheshire Decided April 9, 1996 1. Zoning and Planning — Statutes — Construction While defendant may not be excused for lack of knowledge of local building codes, he may not be fined with civil penalties under RSA 676:17 unless […]

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BEAUDOIN v. MARCHAND, 140 N.H. 269 (1995)

665 A.2d 745 OMER AND DOLORES BEAUDOIN v. THERESA MARCHAND No. 93-845Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 3, 1995 1. Workers’ Compensation — Generally — Definitions Although the legislature did not define the term “compensation” in the workers’ compensation statute, both the plain meaning of the term and the structure of […]

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IN RE JASON C., 129 N.H. 762 (1987)

533 A.2d 32 In re JASON C. No. 86-301Supreme Court of New Hampshire Hillsborough County Probate Court Decided October 9, 1987 Adoption — Statutes — Construction Two unmarried adults may not jointly petition to adopt a child. RSA ch. 170-B. Law Offices of James J. Bianco, Jr., of Concord (James J. Bianco, Jr., and Eric […]

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MARTINEAU v. HELGEMOE, 117 N.H. 1017 (1977)

381 A.2d 31 FREDERICK J. MARTINEAU v. RAYMOND HELGEMOE, WARDEN, STATE PRISON AND NEW HAMPSHIRE PAROLE BOARD No. 7832Supreme Court of New Hampshire Merrimack Decided December 16, 1977 1. Pardon and Parole — Parole Board — Authority Parole board has broad authority and discretion. 2. Pardon and Parole — Revocation — Review Inquiry of court […]

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JONES v. MASON, 78 N.H. 148 (1916)

97 A. 746 MARTHA L. JONES v. MASON. Supreme Court of New Hampshire Hillsborough. Decided April 4, 1916. In proceedings for the laying out of a highway the court has no power to revise the commissioners’ findings, but merely to see that their proceedings have been regular and that neither fraud nor surprise has vitiated […]

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COLBATH v. MUTUAL AID ASSOCIATION, 65 N.H. 669 (1889)

23 A. 623 COLBATH, Guard., v. GRANITE STATE MUTUAL AID ASSOCIATION. Supreme Court of New Hampshire Strafford. Decided June, 1889. ASSUMPSIT, by the guardian of two children of Joseph S. Cowan, deceased, upon a certificate of membership issued to Joseph by the defendants, in which they promised to pay “within sixty days after due proof […]

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COMPUTAC, INC. v. DIXIE NEWS CO., 124 N.H. 350 (1983)

469 A.2d 1345 COMPUTAC, INC. v. DIXIE NEWS COMPANY No. 83-222Supreme Court of New Hampshire Grafton Decided December 27, 1983 1. Courts — Jurisdiction — In Personam Jurisdiction The court may exercise in personam jurisdiction over a nonresident defendant, consistent with the requirements of due process, when the defendant has such “minimum contacts” with the […]

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STATE v. ELEMENTIS CHEM., 155 N.H. 299 (2007)

THE STATE OF NEW HAMPSHIRE v. ELEMENTIS CHEMICAL, INC. No. No. 2006-297.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: February 21, 2007. Opinion Issued: April 19, 2007. 1. Environment and Natural Resources — Environmental Protection — Hazardous or Toxic Waste The superior court’s assessment of a civil forfeiture for violations of hazardous waste laws and […]

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LUNT v. PHILBRICK, 59 N.H. 59 (1879)

LUNT v. PHILBRICK. Supreme Court of New Hampshire Carroll. Decided June, 1879. In an action by a father for the seduction of his daughter, the plaintiff, under a count setting up generally loss of the daughter’s service, may recover compensation for his mental suffering caused by the defendant’s act. CASE, for seduction of the plaintiff’s […]

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DEMERITT v. YOUNG, 72 N.H. 202 (1903)

55 A. 1047 DEMERITT a., Trustees, v. YOUNG a. Supreme Court of New Hampshire Strafford. Decided June 30, 1903. Obscure and doubtful language in a will is to be so construed as to carry out the testator’s general purpose, although standing alone it may be susceptible of a different meaning. Where a will directs the […]

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STATE v. CHAPMAN, 149 N.H. 753 (2003)

829 A.2d 1083 THE STATE OF NEW HAMPSHIRE v. DEBORAH CHAPMAN No. 2002-599Supreme Court of New Hampshire SullivanArgued July 10, 2003 Opinion Issued August 19, 2003 1. Jury — Selection Process — Particular Matters The trial court’s determination of the impartiality of the jurors selected, essentially a question of demeanor and credibility, is entitled to […]

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GLENS FALLS c CO. v. KELIHER, 88 N.H. 253 (1936)

187 A. 473 GLENS FALLS INDEMNITY CO. v. THOMAS R. KELIHER, a. Supreme Court of New Hampshire Strafford. Decided October 6, 1936. A condition in a motor vehicle liability policy that “the assured when requested by the Company shall aid . . . in securing evidence and the attendance of witnesses, in defending suits . […]

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TASKER v. INSURANCE CO., 58 N.H. 469 (1878)

TASKER v. THE KENTON INS. CO. Supreme Court of New Hampshire Sullivan. Decided August, 1878. A condition in a policy of insurance, that no recovery shall be had unless suit is brought within a given time, is valid. The Gen. St., c. 157, ss. 6 and 7, are for the benefit of the assured, and […]

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APPEAL OF TOWN OF SUNAPEE, 126 N.H. 214 (1985)

489 A.2d 153 APPEAL OF TOWN OF SUNAPEE (New Hampshire Board of Tax and Land Appeals) No. 83-530Supreme Court of New Hampshire Board of Tax and Land Appeals Decided March 7, 1985 1. Taxation — Appeals — State Board The powers of the board of tax and land appeals and the rights of taxpayers appearing […]

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HILL v. MARVIN, 98 N.H. 519 (1954)

104 A.2d 200 CARROLL A. HILL a., Selectmen of Conway v. OLIVER W. MARVIN a., Tax Commission of the State of New Hampshire. No. 4306.Supreme Court of New Hampshire Original.Argued March 5, 1954. Decided March 31, 1954. The exercise by the Supreme Court of its original jurisdiction in certiorari proceedings to review a decision of […]

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COMPANY v. GOODALE, 62 N.H. 66 (1882)

AMOSKEAG MANUFACTURING COMPANY v. GOODALE als. Supreme Court of New Hampshire Merrimack. Decided June, 1882. The flowage act of 1868 (Gen. Laws, c. 241, ss. 15-19) is constitutional. PETITIONS, for assessment of damages for flowing the defendants’ lands, under Gen. Laws, c. 141, ss. 15, 16, 17. In each case the defendants filed a demurrer, […]

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OUELLETTE v. BLANCHARD, 116 N.H. 552 (1976)

364 A.2d 631 ROBERT OUELLETTE a. v. J. RICHARD BLANCHARD No. 7325Supreme Court of New Hampshire Hillsborough Decided September 30, 1976 1. The judicially determined status distinctions of invitee, licensee, and trespasser as the sole determinants of the standard of care owed by an occupier of land to an entrant on the land no longer […]

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IN RE CROZIER ESTATE, 105 N.H. 440 (1964)

201 A.2d 895 IN RE ANNIE G. CROZIER ESTATE. No. 5231.Supreme Court of New Hampshire Grafton Probate Court.Submitted April 9, 1964. Decided July 1, 1964. 1. In a petition for instructions as to whether a provision in a will directing the payment of “inheritance taxes out of my estate” included the Federal estate tax, although […]

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CHALOUX v. CHALOUX OIL CO., 103 N.H. 539 (1961)

176 A.2d 192 ROLAND A. CHALOUX v. CHALOUX OIL COMPANY a. No. 4992.Supreme Court of New Hampshire Coos.Argued November 8, 1961. Decided December 27, 1961. 1. The statutory one-year period within which a petition for modification of an award of workmen’s compensation may be filed with the Labor Commissioner (RSA 281:40) commences to run from […]

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WESTON v. ELLIOTT, 72 N.H. 433 (1904)

57 A. 336 WESTON, Ex’r, a. v. ELLIOTT a. Supreme Court of New Hampshire Hillsborough. Decided February 2, 1904. In an action for contribution, brought against co-sureties upon a probate bond by the executor of a surety who has paid more than his equitable share, the testimony of one defendant as to an oral contract […]

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WINNISQUAM REG. SCH. DIST. v. LEVINE, 152 N.H. 537 (2005)

880 A.2d 369 WINNISQUAM REGIONAL SCHOOL DISTRICT v. DANIEL J. LEVINE a. WINNISQUAM REGIONAL SCHOOL DISTRICT v. BUTLER MANUFACTURING COMPANY a. No. 2004-079.Supreme Court of New Hampshire Belknap.Argued: April 5, 2005. Opinion Issued: August 18, 2005. 1. Limitation of Actions — Particular Actions — Construction The legislature’s rationale for conferring upon the building industry a […]

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STATE v. TAYLOR, 136 N.H. 131 (1992)

612 A.2d 917 THE STATE OF NEW HAMPSHIRE v. DONALD TAYLOR No. 91-115Supreme Court of New Hampshire Merrimack Decided August 27, 1992 1. Weapons — Firearms — Definition Where a defendant has been charged with theft of a firearm, State need not prove operability of the firearm at the time of the offense as an […]

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SEWARD v. LORANGER, 130 N.H. 570 (1988)

547 A.2d 207 RUSSELL SEWARD a. v. PATRICK LORANGER a. No. 86-448Supreme Court of New Hampshire Rockingham Decided July 8, 1988 1. Quieting Title — Burden of Proof Petitioner in a quiet title action must prove good title as against all other interested or potentially interested persons. 2. Deeds and Conveyances — Construction — Intent […]

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STATE v. SADVARI, 123 N.H. 410 (1983)

462 A.2d 102 THE STATE OF NEW HAMPSHIRE v. STEPHEN J. SADVARI No. 82-077Supreme Court of New Hampshire Grafton Decided June 15, 1983 1. Appeal and Error — Evidence — Sufficiency of Evidence In determining the sufficiency of the evidence to support the jury’s verdict, the supreme court must consider the evidence in the light […]

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MERCHANTS MUT. INS. CO. v. BEAN, 119 N.H. 561 (1979)

406 A.2d 457 MERCHANTS MUTUAL INSURANCE COMPANY v. PRIDE BEAN AND JONATHAN MILLER CONCORD GENERAL MUTUAL INSURANCE COMPANY v. JONATHAN MILLER AND PRIDE BEAN MERCHANTS MUTUAL INSURANCE COMPANY v. LUVIA BEAN AND JONATHAN MILLER CONCORD GENERAL MUTUAL INSURANCE COMPANY v. JONATHAN MILLER AND LUVIA BEAN Page 562 PRIDE BEAN AND LUVIA BEAN v. CONCORD GENERAL […]

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APPEAL OF MONSIEUR HENRI WINES, LTD., 128 N.H. 191 (1986)

512 A.2d 415 APPEAL OF MONSIEUR HENRI WINES, LTD. (New Hampshire State Liquor Commission) No. 85-348Supreme Court of New Hampshire Original Decided June 5, 1986 1. Certiorari — Scope of Review — Generally On a petition for a writ of certiorari, it must be determined whether the agency or official acted illegally in respect to […]

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STATE v. McKINNON-ANDREWS, 151 N.H. 19 (2004)

846 A.2d 1198 THE STATE OF NEW HAMPSHIRE v. JOSHUA McKINNON-ANDREWS. No. 2003-234.Supreme Court of New Hampshire Merrimack.Argued: January 14, 2004. Opinion Issued: April 30, 2004. 1. Search and Seizure — Generally — Investigative Stops A traffic stop is a “seizure” within the meaning of the Fourth Amendment, even though the purpose of the stop […]

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ORCUTT v. TOWN OF RICHMOND, 128 N.H. 552 (1986)

517 A.2d 1160 MARGARET ORCUTT v. TOWN OF RICHMOND No. 85-487Supreme Court of New Hampshire Cheshire Decided October 2, 1986 Eminent Domain — Compensation for Loss — Restriction on Right to Access Landowner whose property has frontage on a public road can recover damages for the road’s discontinuance even if there remains a means by […]

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ACQUISITIONS v. HOBERT, 155 N.H. 381 (2007)

ACAS ACQUISITIONS (PRECITECH) INC. v. STEPHEN C. HOBERT. No. 2006-224.Supreme Court of New Hampshire CheshireArgued: February 27, 2007. Opinion Issued: May 3, 2007. 1. Labor — Employment Contracts — Noncompetition Covenants The law does not look with favor upon contracts in restraint of trade or competition. Such contracts are to be narrowly construed. 2. Labor […]

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DUBE v. BICKFORD, 92 N.H. 362 (1943)

31 A.2d 64 RALPH P. DUBE v. CHARLES BICKFORD. No. 3393.Supreme Court of New Hampshire Carroll. Decided March 2, 1943. The state or condition of an object subsequent to the time in issue may be relevant to show its state or condition at such earlier date. Hence in an action for damaging the plaintiff’s truck […]

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BLAIS v. REMILLARD, 138 N.H. 608 (1994)

643 A.2d 967 JOAN BLAIS, d/b/a JOAN BLAIS REALTY v. ROBERT J. AND LAURETTE REMILLARD No. 92-547Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 30, 1994 1. Brokers — Commission — Right to, Generally A real estate broker is entitled to a commission if broker procures a buyer who is ready, willing and […]

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APPEAL OF INTL. BROTHERHOOD OF POLICE OFFICERS, 148 N.H. 194 (2002)

804 A.2d 431 APPEAL OF INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS (New Hampshire Public Employee Labor Relations Board) No. 2000-191Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued November 7, 2001 Opinion Issued August 12, 2002 1. Labor — Labor Unions — Unfair Labor Practices Statute prohibiting public employers from discriminating in, among other things, […]

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STATE v. DWAYNE, 149 N.H. 565 (2003)

825 A.2d 490 THE STATE OF NEW HAMPSHIRE v. DWAYNE THOMPSON No. 2002-239Supreme Court of New Hampshire MerrimackArgued March 12, 2003 Opinion Issued June 9, 2003 1. Evidence — Real Evidence — DNA Tests In a prosecution for murder, where alternative evidence of defendant’s guilt was so overwhelming that it rendered the results of the […]

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WHITE MOUNTAIN POWER CO. v. WHITAKER, 106 N.H. 436 (1965)

213 A.2d 800 WHITE MOUNTAIN POWER COMPANY v. CHARLES W. WHITAKER a. No. 5371.Supreme Court of New Hampshire Public Utilities Commission.Argued September 9, 1965. Decided October 5, 1965. 1. In an appeal from an order of the Public Utilities Commission granting a public utility an easement over private property conflicts in the evidence as to […]

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FELLOWS v. NORMANDIN, 96 N.H. 260 (1950)

74 A.2d 548 ARTHUR H. FELLOWS a., Ap’ts v. F. E. NORMANDIN, Adm’r, App’e. No. 3919.Supreme Court of New Hampshire Belknap. Decided July 6, 1950. The appellant in a probate appeal is limited to questions presented by his reasons of appeal. In all probate appeals, the Superior Court is the probate court of appeals and […]

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POPE v. TOWN OF HINSDALE, 137 N.H. 233 (1993)

624 A.2d 1360 DAVID A. POPE v. TOWN OF HINSDALE PLANNING BOARD a. No. 92-201Supreme Court of New Hampshire Cheshire Decided May 20, 1993 1. Property — Generally — Use Restrictions Generally, right to continue previously lawful use of one’s property after enactment of a zoning ordinance prohibiting such use is a vested right recognized […]

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OSTROFF v. HUSTIS, 80 N.H. 141 (1921)

114 A. 27 ELIAS OSTROFF v. JAMES H. HUSTIS, Receiver. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1921. Under the act of congress of June 29, 1906 (34 U.S. Stat. 584), the initial carrier is responsible for the safe delivery of goods accepted for interstate transportation though loss occurs through the fault of […]

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ARMILLE v. LOVETT, 100 N.H. 203 (1956)

122 A.2d 265 M. JEROME ARMILLE v. ARTHUR R. LOVETT a. No. 4478.Supreme Court of New Hampshire Rockingham.Argued April 4, 1956. Decided April 27, 1956. The statutory provisions (RSA 479:25 II) relating to notice to the mortgagor in power of sale foreclosure proceedings do not require that similar notice be given to creditors having attachments […]

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FRANCOIS v. TAYLOR, 71 N.H. 222 (1902)

51 A. 909 FRANCOIS v. TAYLOR. Supreme Court of New Hampshire Rockingham. Decided February 4, 1902. A motion to direct a verdict is properly denied when there is a conflict of testimony upon material points in issue. TRESPASS quare clausum. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1901, of […]

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LABONTE v. INSURANCE CO., 88 N.H. 219 (1936)

186 A. 6 SELMA STONE LABONTE a. v. ST. PAUL FIRE MARINE INSURANCE COMPANY a. Supreme Court of New Hampshire Coos. Decided June 26, 1936. An insurer in a fire policy containing a clause for payment to the assured’s mortgagee as his interest might appear remains liable to him though the policy has been cancelled […]

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BURGESS v. CITY OF CONCORD, 118 N.H. 579 (1978)

391 A.2d 896 WILFRED G. BURGESS a. v. CITY OF CONCORD No. 78-117Supreme Court of New Hampshire Merrimack Decided September 18, 1978 Municipal Corporation — Official Maps — Procedure for Amending Compliance with notice requirements of statute governing amendments to official maps was mandatory and there was no valid amendment where city failed to comply […]

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NEW BOSTON v. COOMBS, 111 N.H. 359 (1971)

284 A.2d 920 NEW BOSTON v. GEORGE COOMBS. No. 6159.Supreme Court of New Hampshire Goffstown District Court. Decided December 7, 1971. 1. A town ordinance regulating the presence of mobile homes in the town was a valid enactment for the welfare, interest, and good order of its inhabitants under the town’s police power. Page 360 […]

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PRITCHARD v. AUSTIN, 69 N.H. 367 (1898)

46 A. 188 PRITCHARD, Adm’x, v. AUSTIN a., Ap’ts. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. Whether photographs are sufficiently identified as correct representations of their subjects to authorize their admission as evidence, is a question of fact to be determined at the trial term. APPEAL, from a decree of the probate court […]

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TYLER ROAD DEV. CORP v. TOWN OF LONDONDERRY, 145 N.H. 615 (2000)

766 A.2d 267 Tyler Road Development Corp. v. Town of Londonderry. No. 98-249.Supreme Court of New Hampshire Rockingham. Decided December 28, 2000. 1. Statutes — Enactment — Prospective or Retroactive Operation Because relevant transaction for imposition of land use change taxes was when land was removed from current use, amendments to current use taxation statute […]

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BEAN v. BEAN, 71 N.H. 538 (1902)

53 A. 907 BEAN a., Ap’ts, v. BEAN a. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1902. In prosecuting his personal claim against an estate, an executor occupies the position of an adverse claimant, and cannot testify in respect to facts which occurred in the lifetime of the testator. Where a claimant against […]

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LUSSIER v. N.E. POWER CO., 133 N.H. 753 (1990)

584 A.2d 179 BARRY W. LUSSIER a. v. NEW ENGLAND POWER COMPANY a. No. 89-533Supreme Court of New Hampshire Merrimack Decided December 28, 1990 1. Easements — Intention of Parties — Judicial Review In determining on appeal whether easement deeds permitted the construction of an electrical switching station and third power line without amounting to […]

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DOE v. O’BRIEN, 107 N.H. 79 (1966)

217 A.2d 189 JOHN DOE a. v. THOMAS F. O’BRIEN a. No. 5457.Supreme Court of New Hampshire Hillsborough.Argued January 5, 1966. Decided February 28, 1966. 1. The word “person” as employed in section 1 of the statute (RSA ch. 598) pertaining to professional bondsmen engaged in the business of furnishing bail in criminal cases is […]

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DeLELLIS v. BURKE, 134 N.H. 607 (1991)

598 A.2d 203 CYNTHIA A. DeLELLIS v. PAMELA M. BURKE a. No. 89-521Supreme Court of New Hampshire Rockingham Decided August 9, 1991 1. Trustee Process — Property Subject to — Judgments Trustee process is a statutory procedure by which a judgment creditor, in order to satisfy a debt owed him by a debtor, may attach […]

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STATE v. TARASUIK, 160 N.H. 323 (2010)

THE STATE OF NEW HAMPSHIRE v. JAMES TARASUIK. No. 2009-328.Supreme Court of New Hampshire. Rockingham.Argued: March 31, 2010. Opinion Issued: May 20, 2010. 1. Appeal and Error — Preservation of Questions— Generally Issues must be properly presented to the trial court in order to preserve them for appellate review. This rule is grounded in common […]

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BROUSSEAU v. SUPERINTENDENT, HILLS. COU., 160 N.H. 402 (2010)

DANIEN BROUSSEAU v. SUPERINTENDENT, HILLSBOROUGH COUNTY HOUSE OF CORRECTIONS. No. 2009-801.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: May 13, 2010. Opinion Issued: June 16, 2010. 1. Criminal Law — Arraignment and Pleas —Waiver A guilty plea, voluntarily, knowingly, and intelligently made, unconditionally waives all independent claims relating to the deprivation of constitutional rights that […]

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STATE v. SILVERMAN, 76 N.H. 309 (1912)

82 A. 536 STATE v. SILVERMAN. SAME v. SAME. Supreme Court of New Hampshire Merrimack. Decided February 6, 1912. An indictment which sets out the subject-matter of an embezzlement as “property” of a certain value, or as “furs of various kinds,” is defective, in that the offence is not described fully and plainly, substantially and […]

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CHAGNON v. PERKINS, 88 N.H. 362 (1937)

189 A. 351 ALEXANDER CHAGNON v. CHARLES A. PERKINS, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1937. In an action against an administrator a plaintiff in interest is incompetent under P. L., c. 336, s. 27 to give testimony as to matters occurring in the decedent’s lifetime which the decedent could contradict […]

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STATE v. PHILBRICK, 127 N.H. 353 (1985)

499 A.2d 1341 THE STATE OF NEW HAMPSHIRE v. KATHY PHILBRICK No. 85-182Supreme Court of New Hampshire Nashua District Court Decided October 24, 1985 1. Statutes — Construction and Application — Legislative Intent In construing a statute, both the language and the objective of the legislature will be examined. 2. Statutes — Construction and Application […]

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HAMPTON INDOOR TENNIS CTR. v. ST. PAUL FIRE MARINE, 122 N.H. 790 (1982)

451 A.2d 172 HAMPTON INDOOR TENNIS CENTER, INC. v. ST. PAUL FIRE MARINE INSURANCE COMPANY No. 81-247Supreme Court of New Hampshire Rockingham Decided September 8, 1982 1. Insurance — Coverage — Limitations Where the insured’s air-inflated structure collapsed on March 14, 1980, from the weight of accumulated melted snow and rain water, the trial court […]

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STATE v. CUNNINGHAM, 159 N.H. 103 (2009)

THE STATE OF NEW HAMPSHIRE v. SHAWN R. CUNNINGHAM. No. 2008-438.Supreme Court of New Hampshire. Merrimack.Argued: June 11, 2009. Opinion Issued: July 10, 2009. 1. Criminal Law — Defenses — Self-Defense When a defendant raises justification under the statute pertaining to physical force in law enforcement as a defense, the State has to prove beyond […]

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ALTHER v. ALTHER, 120 N.H. 354 (1980)

415 A.2d 325 DARRELLE J. ALTHER v. EVERETT P. ALTHER, JR. No. 79-242Supreme Court of New Hampshire Cheshire Decided May 12, 1980 1. Divorce — Custody and Support of Children — Discretion of Master Fact that defendant’s present income is not sufficient to permit him to meet payments on $12,000 award or on the $120 […]

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ATTORNEY-GENERAL v. TAGGART, 66 N.H. 362 (1890)

29 A. 1027 ATTORNEY-GENERAL v. TAGGART. Supreme Court of New Hampshire Hillsborough. Decided April, 1890. The chair of the governor is vacant, within the meaning of the 49th article of the constitution, when his permanent or temporary disability and the necessities of the public service require his official duties to be performed by a substitute. […]

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PETITION OF STATE OF N.H., 154 N.H. 671 (2007)

PETITION OF THE STATE OF NEW HAMPSHIRE (State v. San Giovanni). No. 2005-040.Supreme Court of New Hampshire Carroll.Argued: October 3, 2006. Opinion Issued: January 17, 2007. 1. Remedies — Extraordinary Writs — Certiorari Certiorari review is limited to whether the trial court acted illegally with respect to jurisdiction, authority or observance of the law, or […]

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HALSTEAD v. MURRAY, 130 N.H. 560 (1988)

547 A.2d 202 KIRK HALSTEAD v. STEWART MURRAY AND TOWN OF MOULTONBOROUGH No. 86-296Supreme Court of New Hampshire Carroll Decided July 8, 1988 1. Statute of Frauds — Real Property — Generally Exchange of correspondence may create a binding contract for the sale of land where the necessary elements for such a contract have been […]

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WORSTER v. WATKINS, 140 N.H. 546 (1995)

669 A.2d 212 PHILIP WORSTER v. MARK WATKINS No. 94-426Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 22, 1995 1. Evidence — Hearsay Exceptions — Unavailability Declarant was not unavailable to testify for purposes N.H. R. Ev. 804 (a)(5) because, although plaintiff’s efforts to locate declarant produced only two out-of-state addresses and plaintiff […]

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MERRILL v. PUTNAM, 76 N.H. 390 (1912)

83 A. 94 MERRILL, Adm’r, Ap’t, v. PUTNAM. Supreme Court of New Hampshire Sullivan. Decided April 2, 1912. An appeal from the allowance of a will is not to be dismissed merely because all interested persons were not properly made parties to the proceeding in the probate court. PROBATE APPEAL, from a decree allowing the […]

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APPEAL OF N.H. YOUTH DEV. CTR., 152 N.H. 86 (2005)

871 A.2d 67 APPEAL OF NEW HAMPSHIRE YOUTH DEVELOPMENT CENTER (New Hampshire Compensation Appeals Board). No. 2004-313.Supreme Court of New Hampshire Compensation Appeals Board.Argued: January 12, 2005. Opinion Issued: April 4, 2005. 1. Workers’ Compensation — Compensation — Simultaneous Benefits An injured worker who is entitled to social security benefits has no statutory right to […]

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