(DOWNLOAD) "Harold E. DI Pietro v. Romeo Lavigne & A." by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free
eBook details
- Title: Harold E. DI Pietro v. Romeo Lavigne & A.
- Author : Supreme Court of New Hampshire
- Release Date : January 22, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
"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 a new trial, to which is appended a request for an oral hearing,
may be denied without a hearing. As a general rule, notice and an opportunity to be heard are basic essentials of a judicial proceeding. American Motorists
Ins. Co. v. Garage, 86 N.H. 362, 368; Wetmore v. Karrick, 205 U. S. 141, 160 ; I Merrill, Notice (1952) s. 531. Since notice
is of no value if a party is denied opportunity to be heard in support of or in defense of his claim (Restatement, Judgments,
s. 6, comment (f) ), statutes expressly providing for notice are generally construed to include the right to a hearing. Governor
& Council v. Morey, 78 N.H. 125. The provisions of R. L., c. 390, s. 14, have been so construed in the Morey case. The
statute reads as follows: "The court shall order notice to be given, in such manner as they think fit, of any petition, complaint,
libel, application or motion in writing filed therein, and no judgment or decree shall be rendered thereon without compliance
with such order." The requirement of notice and hearing need not be observed in matters which are formal, clerical or uncontested
(Emery v. Berry, 28 N.H. 473) and special circumstances may demand the issuance of court orders without initial notice or
hearing as in the case of injunctions. Superior Court Rules 133-136, 93 N.H. Appendix. As a matter of practice notice and
hearing represent the general rule and the denial of a hearing is the exception. Hubley v. Goodwin, 90 N.H. 54; Watkins v.
Railroad, 80 N.H. 102.
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