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BREWSTER v. PAGE

Supreme Court of New Hampshire Rockingham.
Dec 1, 1876

A bill in equity does not lie to set aside an agreed case on grounds on which there is a plain and adequate remedy at law by motion to discharge the case.

SAWYER, J.

The bill was properly dismissed, because, if the plaintiffs were entitled to relief, they had a suitable remedy at law on a motion for a discharge of the agreed case (Bellows v. Stone, 14 N.H. 175, 203; Lyme v. Allen, 51 N.H. 242); and in Page v. Brewster, 54 N.H. 184, 188, their motion for a discharge was denied.

Exceptions overruled.

FOSTER, J., did not sit.