Supreme Court of New Hampshire, 1879

McIntire v. Carr

McIntire v. Carr
Supreme Court of New Hampshire · Decided June 5, 1879 · Smith
59 N.H. 207

McIntire v. Carr

Opinion of the Court

Smith, J.

According to the practice in this state, a p'arty who is aggrieved by a judgment rendered at the trial term, may at a subsequent term move to bring the action forward, and to vacate or modify the judgment. The remedy thus afforded is simple, expeditious, mexpensive, and, in general, ample. A resort to the cumbersome process of a writ of error is seldom necessary. In this case, if the plaintiff is entitled to any relief, he can have it on a motion to bring the original action forward at the trial term; and for that reason the writ of error is

Dismissed.

All concurred.

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