62 A. 379 | N.H. | 1905
The original case purported to be transferred upon a finding of facts by the superior court; and this court, so understanding it, made the suggestion in the opinion relating to an amendment of the case (ante, p. 224), in accordance with the well established practice when there is ambiguity in the record which can be readily cured without a new trial. It now appears that the facts were not found by the court, but were agreed to by the parties. This change in the case renders the suggestion relating to an amendment inappropriate, as the court does not have authority to amend an agreed case. Bell v. Twilight,
The court are still divided upon the main question in the case, as stated ante, p. 224
Motion denied.
All concurred. *393