Citation Numbers: 61 N.H. 504
Judges: ALLEN, J.
Filed Date: 12/5/1881
Status: Precedential
Modified Date: 1/12/2023
It would be a serious hardship and a grave injustice, if, after the plaintiff has lawfully brought her action as administratrix (G. L., c. 198, s. 10), she should, without fault of her own, lose the suit, because the administrator, subsequently appointed, and disregarding her interests, refuses to come in and prosecute it. Having in good faith undertaken to collect a claim belonging to her husband's estate, in which she has an interest, a compulsory abandonment of the suit may leave her without other redress than the precarious chance of charging the administrator, on the settlement of his account in probate court, for want of diligence and good faith, or the further expense and vexation of a suit upon the administrator's bond. The defendant cannot complain if he is put to his defence on the merits by a trial of this action, which will conclude the rights of all parties. A writ or declaration may be amended in various ways to prevent injustice. The form of action may be changed. Stebbins v. Insurance Co.,
Exception overruled.
BLODGETT and CARPENTER, JJ., did not sit: the others concurred.
Merrill v. Perkins , 59 N.H. 343 ( 1879 )
Stebbins v. Insurance Co. , 59 N.H. 143 ( 1879 )
Chauncy v. Ins. Co. , 60 N.H. 428 ( 1881 )
Judge of Probate v. Jackson , 58 N.H. 458 ( 1878 )
Elsher v. Hughes , 60 N.H. 469 ( 1881 )
Boudreau v. Eastman , 59 N.H. 467 ( 1879 )
Buckminster v. Wright , 59 N.H. 153 ( 1879 )