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MERCHANTS NAT. BANK v. SULLIVAN

No. 4190.

98 N.H. 151 (1953)

MERCHANTS NAT. BANK v. JOHN F. SULLIVAN & a.

Supreme Court of New Hampshire.

April 7, 1953.

Attorney(s) appearing for the Case

Charles F. Hartnett (by brief and orally), for the plaintiff.

McCabe & Fisher (Mr. McCabe orally), for the defendants.

BLANDIN, J.

It is axiomatic that the enforcement of its rules rests within the discretion of the Trial Court. Lehigh &c. Company v. Company, 89 N.H. 274, 275, and cases cited. We perceive no abuse of discretion here, as among other factors it appears the defendants, although notified in ample season that they should comply with Superior Court Rule 73, chose rather to rely on their own judgment that the rule was not applicable. Having done so, they...

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