Tucker v. Lake
| Decision Date | 29 July 1892 |
| Citation | Tucker v. Lake, 67 N. H. 193, 29 A. 406 (N.H. 1892) |
| Parties | TUCKER v. LAKE. |
| Court | New Hampshire Supreme Court |
Exceptions from Rockingham county.
Bill in equity to foreclose a mortgage. The bill having been brought in the wrong county, plaintiff moved to transfer the suit to the county where the land was situated. The motion was granted, and defendant excepted. Exception overruled.
A. O. Fuller, for plaintiff. Albin & Martin, for defendant.
The suit, being for the recovery of real property, should have been brought in Merrimack county, where the property is situated. 1 Chit. PI. 268; Worster v. Lake Co., 25 N. H. 525, 530; Iron Co. v. Goodall, 39 N. H. 223, 232; Bancroft v. Conant, 64 N. H. 151, 5 Atl. 836. The error was curable by an order transferring the suit to that county. Pub. St c. 222, §§ 7, 8; Bartlett v. Lee, 60 N. H. 168; Manufacturing Co. v. Whitcomb, 62 N. H. 411. Whether justice required the order to be made was a question of fact that was decided affirmatively at the trial term, and the decision is not reviewable here. Hazen v. Quimby, 61 N. H. 76; Garvin v. Legery, 61 N. H. 158; Gagnon v. Connor, 64 N. H. 276, 9 Atl. 631; Holman v. Manning, 65 N. H. 92, 18 Atl. 746. Exceptions overruled.
CARPENTER, J., did not sit The others concurred.
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...17 Wis. 92; Gill v. Bradley, 21 Minn. 15; O'Neil v. O'Neil, 54 Cal. 187; Territory v. Judge, 5 Dak. 275 (38 N.W. 439); Tucker v. Lake, 67 N.H. 193 (29 A. 406); Fletcher v. Stowell, 17 Colo. 94 (28 P. Chouteau v. Allen, 70 Mo. 290. See, also, 9 Enc. Pl. & Prac. 256. The mortgagors, having be......
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