A. W. Perkins & A. v. Exeter Associates
NH.44 , 123 A.2d 825, H. 247 (1956)(100 N)
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- 0,99 €
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Beschreibung des Verlags
It is well established in our state that the Superior Court may order a consolidation of suits or some other convenient procedure
which will protect the rights of the parties involved. Meloon v. Read , 73 N.H. 153; Allbee v. Elms, 93 N.H. 202, 204; Lynch
v. Bissell, 99 N.H. 473, 474. The test is what on the whole Justice requires. Tinkham v. Railroad, 77 N.H. 111. In the absence
of a showing of an abuse of discretion the decision of the Trial Court will be sustained. Sweeney v. Willette, 98 N.H. 512,
513 ; Bowers, Judicial Discretion of Trial Courts, 161. The Court in its modification order stated that "the amount of timber cut on the lot of William H. Sleeper... appears to
be a matter in dispute in both actions." That Conclusion is supported by the record and justifies the procedure adopted by
the Court to protect the rights of all parties involved.