Supreme Court of New Hampshire, 1937

Wellington v. Wellington

Wellington v. Wellington
Supreme Court of New Hampshire · Decided May 4, 1937 · Allen
192 A. 153; 88 N.H. 482; 1937 N.H. LEXIS 84

Wellington v. Wellington

Opinion of the Court

Per Curiam.

“The issue as to laches is primarily one of fact” (Hould v. Company, 83 N. H. 474, 476, and cases cited), and it cannot be said that an unexplained delay of from seven years and eight months to twelve years and eight months requires a finding of reasonable diligence as a matter of law.

It is frivolous to suggest that the court may not take judicial notice of its own records for any purpose for which those records may become material. Wigmore, Evidence, s. 2579.

Exceptions overruled.

Allen, C. J., did not sit.

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