Baker v. Goodale
| Decision Date | 04 January 1932 |
| Court | New Hampshire Supreme Court |
| Parties | BAKER v. GOODALE et al. |
Transferred from Superior Court, Hillsborough County; Burque, Judge.
Petition for declaratory judgment by Emerson W. Baker against Millard Goodale and another.
Petition dismissed.
Petition, asking that it be determined whether cash bail held in the hands of the clerk after the obligation thereof had been satisfied was subject to trustee process.
Transferred without ruling by Burque, J.
Lucier & Dowd, of Nashua, for plaintiff.
Gerald F. Cobleigh, of Nashua, for defendants.
The facts are incomplete, but apparently the trustee process is now pending. Under such circumstances, a petition for a declaratory judgment cannot be maintained. The statute (Laws 1929, c. 86) was not designed to furnish a substitute for the usual procedure. Where a suit is already pending which raises the question sought to be decided, the petition will not lie. Lisbon Village District v.
Lisbon, 85 N. H., 155 A. 252. No reason appears why the question presented cannot be settled in the trustee suit. Petition dismissed.
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...other procedure is available, resort should be had to it (Lisbon Village District v. Lisbon, 85 N.H. 173, 174, 155 A. 252; Baker v. Goodale, 85 N.H. 561, 157 A. 885), is not disregarded. It is immaterial for decision of the questions presented, and amendment or modification of the petition ......
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