Supreme Court of New Hampshire, 1880

Locke v. Barrington

Locke v. Barrington
Supreme Court of New Hampshire · Decided June 5, 1880 · Allen, Foster
59 N.H. 530

Locke v. Barrington

Opinion of the Court

Allen, J.

When the plaintiff limited her demand to one hundred dollars, the amount in controversy became limited to that sum, and the title to real estate not being in question, the court, either with or without the consent of the parties, might refer the action. G. L., c. 231, s. 10. The award exceeding the amount claimed, the plaintiff was entitled to judgment on remitting the excess. Hoit v. Molony, 2 N. H. 323; Sanborn v. Emerson, 12 N. H. 58; Pierce v. Wood, 23 N. H. 519; Willard v. Stevens, 24 N. H. 271; Taylor v. Jones, 42 N. H. 25, 38.

Exceptions overruled. ■

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.