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Emery v. Hovey
New Hampshire Supreme Court
84 N.H. 499, 153 A. 322 (1931)
- Written by Mary Phelan D'Isa, JD
Facts
Emery (plaintiff) sued Hovey (defendant) in a state court in Maine for attorney’s fees. Based on a state statute precluding an award of attorney’s fees against one who is not admitted to practice in Maine, the trial court granted Hovey’s directed-verdict motion and dismissed Emery’s case. The services in question were rendered partly in Maine and partly in New Hampshire. Emery then sued Hovey for attorney’s fees in state court in New Hampshire, and Hovey alleged that the defense of former adjudication prevented Emery from suing Hovey again on the same claim in a different court. The New Hampshire trial court agreed and dismissed Emery’s claim. Emery appealed.
Rule of Law
Issue
Holding and Reasoning (Peaslee, C.J.)
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