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Brewster et al., ex'Rs v. Page, Adm'R
December 1, 1876 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 1, 1876 | Brewster et al., ex'Rs, v. Page, Adm'R Current page | Opinion | Supreme Court | Reporter |
Brewster & a., Ex’rs, v. Page, Adm’r.
A bill in equity does not lie to set aside an agreed case on grounds on which there is a plain and adequate remedy at law by motion to discharge the case.
Bill in Equity, to set aside the agreed case in Brewster v. Brewster, 52 N. H. 52, for fraud, accident, and mistake. In the circuit court, January term, 1876, the bill was dismissed, and the plaintiffs excepted.
W. H. Y. Hackett and Frink, for the plaintiffs.
Hatch and Page, for the defendant.
Sawyer, J.
The bill was properly dismissed, because, if the plaintiffs were entitled to relief, they had a suitable remedy at law on a motion for a discharge of the agreed case (Bellows v. Stone, 14 N. H. 175, 203; Lyme v. Allen, 51 N. H. 242); and in Page v. Brewster, 54 N. H. 184, 188, their motion for a discharge was denied.
Exceptions overruled.
Foster, J., did not sit.