PRESTON, Adm’r, v. THE TRAVELLERS’ INS. CO.

Supreme Court of New Hampshire Strafford.
Decided June, 1879.

A motion for a rehearing of a question of law, after decision, is not seasonably made when there has been a trial of the facts since the decision.

MOTION for a rehearing.

Hobbs, for the defendants.

Copeland, for the plaintiff.

DOE, C. J.

The defendants’ objections are, in effect, a motion for a rehearing of the first question decided in this case at the March term, 1877 (58 N.H. 76). As there has been a jury trial of the case since that time, the motion is not seasonably made.

Page 50

Bell v. Lamprey, 58 N.H. 124; Ashuelot R. R. v. Elliot, 58 N.H. 451, 452.

Objections overruled.

CLARK, J., did not sit: the others concurred.

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