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BOUCHER v. BAILEY

No. 7689.

117 N.H. 590 (1977)

ROGER BOUCHER & a. v. OLLIE D. BAILEY

Supreme Court of New Hampshire.

July 11, 1977.

Attorney(s) appearing for the Case

William E. Aivalikles of Nashua, by brief and orally, for the plaintiffs Roger Boucher, Esther Boucher, Arthur B. Morrill, and Muriel H. Morrill.

Walter A. Pillsbury, of Derry, by brief and orally, for defendant Ollie D. Bailey.

DOUGLAS, J.

The issue in this case is whether the trial court properly denied defendant Bailey's motion to dismiss plaintiffs Bouchers' petition on the grounds of res adjudicata in the previous case of Ollie D. Bailey v. Arthur B. Morrill & a., Equity No. E-8243 (N.H. Super. Ct. August 20, 1974). Defendant's exception was reserved and transferred by Bois, J. In the previous case, decided on the merits by Mullavey, J., the present plaintiffs...

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