19 A. 1002 | N.H. | 1889
"Due process of law" generally implies and includes regular allegations, opportunity to answer, and a trial according to some settled course of proceeding. Murray's Lessee v. Hoboken L. I. Co., 18 How. 272, 280. "The states, so far as the fourteenth amendment is concerned, are left to regulate trials in their own courts in their own way. A trial by jury in suits at common-law pending in the state courts is not, therefore, a privilege or immunity of national citizenship, which the states are forbidden by the fourteenth amendment to abridge. A state cannot deprive a person of his property without due process of law; but this does not necessarily imply that all trials in the state courts affecting the property of persons must be by jury. This requirement of the constitution is met if the trial is had according to the settled course of judicial proceedings." Walker v. Sauvinet,
The record shows the proceedings in this case to have been according to the settled course of judicial proceedings in this state. According to our practice, amendments may be made at any stage of the proceedings if justice requires. Morse v. Whitcher,
The defendant was not entitled to notice of the taking of the trustees' deposition. Jones v. Roberts Tr.,
Exceptions overruled.
BINGHAM, J., did not sit: the others concurred. *230
