The Monthly Law Reporter Volume 22

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Merrimack. March Adjourned Term, 1859. Petition Op Boscawen. Costs on motions. Upon a motion in the Court of Common Pleas to dismiss a petition to discontinue a new highway, as being vexatiously prosecuted after repeated applications had failed, the costs of exparte affidavits, taken in support of the motion, were disallowed. Tay v. Page. Appeal. An appeal lies from the Court of Common Pleas after a trial upon review, in cases where a review is allowable under the statute of 1855. Barrett v. School District No. 2, In Bow. Board furnished to keeper of public school. Board furnished to the teacher of a public school under a contract with the prudential committee of the district to furnish it, constitutes a charge upon the school money coming to the hands of the committee, and payment by him of the account for the board out of the fund, though made after his term of office had expired, but before the district or his successor had made demand upon him for the fund, extinguishes the claim against the district for the board. Badger v. Gilmore. Review ? Construction of statute ? Pendency of action. A review is a suit or proceeding within the meaning of the third section of the Act of June 27, 1857. Such review, whether regarded as a new action, brought to correct the errors of the former judgment, or as the revival or renewal of the former suit for the same purpose, is not pending within the meaning of the same section of said Act, before the suing out of the writ of review by which it is commenced. Parties to a review sued out more than three months after the passage and taking effect of the Act of June 27, 1857, are not excluded from testifying as witnesses, by the provisions of its third section. Merrimack. December Term, 1858. Atkins...