Supreme Court of New Hampshire, 1921

Patten v. Patten

Patten v. Patten
Supreme Court of New Hampshire · Decided November 1, 1921 · Per Curiam.
115 A. 558; 80 N.H. 590; 1921 N.H. LEXIS 78

Patten v. Patten

Opinion of the Court

Per Curiam.

Statements made by the deceased tending to controvert the claim made for her at the trial were admissible precisely as they would be admissible against her if alive and a party. WigEv., Yol. II, s. 1081 (1).

The contention that the evidence was insufficient to authorize an adverse firiding is waived by submission of the case without objection to the tribunal trying the fact. Barker v. Company, 78 N. H. 571 Smith & Sargent v. Company, 78 N. H. 152, 159. The court properly ruled that no question of law was raised by the motions. As the denial of the motions was not erroneous, whenever after verdict they were made, the fact that they came too late under the rule of court. (78 N. H. 697, Rule 53) need not be relied upon. Granting the plaintiff until February 1, 1921, to file exceptions could not have been intended or understood by the plaintiff to authorize the allowance of exceptions already waived or which presented no question of law. .

Exceptions overruled.

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