The New Hampshire Reports Volume 77

The New Hampshire Reports Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...was to them mere loose pocketchange, "a few coppers," or their entire estate, were matters foreign to the issues before the jury. The defendants protected their rights by the exception. It then rested with the plaintiff to explicitly withdraw the improper suggestion and to obtain a finding of fact from the trial court that the trial was not thereby rendered unfair. Bullard v. Railroad, 64 N. H. 27, 32; Story v. Railroad, 70 N. H. 364. Defendants' exception sustained: new trial granted. YOUNG, J., did not sit: the others concurred. Where the question whether a by-law has become a dead letter in consequence. of its non-observance has been finally determined by the regularly constituted tribunals of a secret order, it is not ordinarily reexamined by the court. A by-law imposed by the State Grange upon all subordinate bodies and designed to formulate jurisdictional rules for the admission of members cannot be indirectly repealed by a local branch, by a series of violations of its provisions. The fact that some members of the State Grange were chargeable with knowledge that a by-law of the order had not always been observed by some subordinate granges in a certain section does not authorize the inference of waiver or repeal by the superior body. A by-law of the State Grange, providing in efiect that if a subordinate grange shall inadvertently or by mistake admit a member residing outside its jurisdiction such election shall not be illegal, refers to an honest mistake as to the domicile of an applicant and not to the erroneous assumption that a rule of the order defining the eligibility of a candidate had become a dead letter through nonobservance. BILL IN EQUITY, praying that the Somersworth Grange be enjoined from...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236968867
  • 9781236968869