HAMPTON v. PALMER

No. 4302.

99 N.H. 143 (1954)

HAMPTON v. RICHARD PALMER & a.

Supreme Court of New Hampshire.

Decided July 1, 1954.


Attorney(s) appearing for the Case

Upton, Sanders & Upton, Frank A. Batchelder and Perkins & Holland (Mr. Richard F. Upton orally), for the plaintiff.

Sleeper & Mullavey for the defendant Mace, furnished no brief.

Burns, Calderwood & Bryant (Mr. Bryant orally), for the other defendants.


KENISON, C. J.

The plaintiff claims that its remedy at law is inadequate and this action falls within recognized equity jurisdiction. The defendants claim that the plaintiff has an adequate legal remedy and to allow this bill in equity to be maintained would deprive them of their constitutional right to trial by jury. N. H. Const., Pt. I, Art. 20. Both agree that the "nature of the case and of the relief sought must be looked to for the settlement of the constitutional...

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