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Jenne v. Harrisville

Supreme Court of New Hampshire Cheshire
Jun 1, 1885
63 N.H. 405 (N.H. 1885)

Summary

In Jenne v. Harrisville, 63 N.H. 405, it was held in accordance with numerous authorities that, "Foreign unwritten law, including the prevailing construction of a foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term."

Summary of this case from Hansen v. Railway

Opinion

Decided June, 1885.

Foreign unwritten law, including the prevailing construction of a Foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term.

CASE. The plaintiff is a citizen of Vermont, and questions were raised as to the law of that state.

N. B. Bryant (of Massachusetts) (Lane Dole with him), for the plaintiff, cited Gen. Sts. Vt., c. 72, s. 1, and c. 20; Poultney v. Glover, 23 Vt. 328; Brown v. Ramsay, 29 N. J. L. 117; Guild v. Guild, 15 Pick. 129; Cromwell v. Benjamin, 41 Barb. 558; Hillsborough v. Deering, 4 N.H. 86.

Batchelder Faulkner, for the defendants, cited 2 Kent Com. 459; Sto. Conf. Laws, s. 101; Gen. Sts. Vt., c. 72, s. 1; Kelley v. Davis, 49 N.H. 187.


Foreign unwritten law, including the prevailing construction of a foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term. Leach v. Pillsbury, 15 N.H. 137; Beach v. Workman, 20 N.H. 379; Watson v. Walker, 23 N.H. 471; Pickard v. Bailey, 26 N.H. 152; Holton v. Gleason, 26 N.H. 501; Emery v. Berry, 28 N.H. 485; Taylor v. Barron, 30 N.H. 100; Ferguson v. Clifford, 37 N.H. 87; Kennard v. Kennard [ante 303, 308]; Dyer v. Smith, 12 Conn. 384, Holman v. King, 7 Met. 384; Kline v. Baker, 99 Mass. 253; 1 Gr. Ev., ss. 486, 488; Sto. Conf. Laws, ss. 637-639

Case discharged.

CARPENTER, J., did not sit: the others concurred.


Summaries of

Jenne v. Harrisville

Supreme Court of New Hampshire Cheshire
Jun 1, 1885
63 N.H. 405 (N.H. 1885)

In Jenne v. Harrisville, 63 N.H. 405, it was held in accordance with numerous authorities that, "Foreign unwritten law, including the prevailing construction of a foreign statute, may be proved by competent witnesses, and is a matter of fact determinable at the trial term."

Summary of this case from Hansen v. Railway

In Jenne v. Harrisville, 63 N.H. 405, the statutes and decisions in Vermont were made parts of an agreed state of facts, and the damages were to be thereafter assessed in accordance with the Vermont law as the same should be determined at the law term.

Summary of this case from Hansen v. Railway
Case details for

Jenne v. Harrisville

Case Details

Full title:JENNE v. HARRISVILLE

Court:Supreme Court of New Hampshire Cheshire

Date published: Jun 1, 1885

Citations

63 N.H. 405 (N.H. 1885)

Citing Cases

Hansen v. Railway

Kennard v. Kennard, 63 N.H. 303, 308. In Jenne v. Harrisville, 63 N.H. 405, it was held in accordance with…

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