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DIPIETRO v. LAVIGNE

No. 4226.

98 N.H. 294 (1953)

HAROLD E. DIPIETRO, Adm'r v. ROMEO LAVIGNE & a.

Supreme Court of New Hampshire.

Decided September 22, 1953.

Attorney(s) appearing for the Case

Joel W. Eastman (by brief and orally), for the plaintiff.

Paul E. Nourie (by brief and orally), for the defendant.

KENISON, C. J.

"A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable." R. L., c. 398, s. 1. Under the provisions of section 2 of this chapter, it is provided that when the petition is filed ". . . such notice shall be given to the adverse party or his attorney as the court may order." The question to be decided under this chapter is whether a petition for...

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