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IN RE MOORE

No. 4333.

99 N.H. 209 (1954)

IN RE HERBERT L. MOORE.

Supreme Court of New Hampshire.

Decided September 30, 1954.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Richard C. Duncan, Assistant Attorney General, and John M. Brant, county solicitor (Mr. Duncan orally), for the State.

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

BLANDIN, J.

The test to determine whether the defendant's motion to dismiss the petition should be granted because the matter is res judicata is to inquire whether the issue now raised was decided at the hearing held before the Superior Court in October, 1953. Laconia Nat. Bank v. Lavallee, 96 N.H. 353. The State argues that it was not because the prior adjudication was "made in a separate proceeding in relation...

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