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WALLACE v. STEARNS

No. 3971.

96 N.H. 367 (1950)

ELLA C. WALLACE v. LENA M. STEARNS & a.

Supreme Court of New Hampshire.

December 5, 1950.

Attorney(s) appearing for the Case

Warren, Wilson, Wiggin & Sundeen and Donald T. Gay (Mr. Gay orally), for the plaintiff.

Chretien & Craig (Mr. Craig orally), for the defendants.

JOHNSTON, C. J.

The defendants claim that the plaintiff is barred from maintaining the present petition because of the decree of dismissal of August 12, 1949. It is not disputed that both petitions brought by this plaintiff are based upon the same facts. However a new remedy was given the plaintiff by chapter 266 of the Laws 1949. This statute added the following provision to the powers of the Superior Court in partition proceedings...

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