Tucker v. Lake

Chase, J. The suit, being for the recovery of real property, should have been brought in Merrimack county where the property is situated. 1 Chit. Pl. 268; Worster v. Lake Compa ny, 25 N. H. 525, 530; Bay State Iron Company v. Goodall, 39 N. H. 223, 232; Bancroft v. Conant, 64 N. H. 151. The error was curable by an order transferring the suit to that county. P. S., c. 222, ss. 7, 8; Bartlett v. Lee, 60 N. H. 168; Wheeler & Wilson Mfg. Company v. Whitcomb, 62 N. H. 411. Whether justice required the order to be made, was a question of fact that was decided affirmatively at the trial term, and the decision'is not re viewable here. Hazen v. Quimby, 61 N. H. 76; Garvin v. Legery, 61 N. H. 153; Gagnon v. Connor, 64 N. H. 276; Holman v. Manning, 65 N. H. 92. Fxception overruled. Cakpenteb, J., did not sit: the others concurred.