sounder rule (New Hampshire) · Go Syfert
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sounder rule in New Hampshire

19 New Hampshire opinions name it 1 courts 1901–2016 0 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Clark v. Clarkgreen
nh · 1966 · cited in 9 New Hampshire opinions naming this issue, 1971–2016
2 sentences

2016The choice-influencing considerations adopted by this court in Clark v. Clark, 107 N.H. 351 (1966), are: (1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the states in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; and (5) the court’s preference for what it regards as the sounder rule of law.

1993A fifth consideration is the court’s preference for what it regards as “the sounder rule of law.” Clark v. Clark, 107 N.H. at 355 , 222 A.2d at 209 .

39
LaBounty v. American Insurance Co.green
nh · 1982 · cited in 4 New Hampshire opinions naming this issue, 1982–2011
2 sentences

1997In New Hampshire, the appropriate analysis in a case involving a choice of law focuses on five choice-influencing considerations: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in the federal system; (3) simplification of the judicial task; (4) advancement of the governmental interest of the forum; and (5) the court’s preference for what it regards as the sounder rule of law.” LaBounty, 122 N.H. at 741 , 451 A.2d at 163 .

1997In New Hampshire, the appropriate analysis in a case involving a choice of law focuses on five choice-influencing considerations: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in the federal system; (3) simplification of the judicial task; (4) advancement of the governmental interest of the forum; and (5) the court’s preference for what it regards as the sounder rule of law.” LaBounty, 122 N.H. at 741 , 451 A.2d at 163 .

34
Doiron v. Doirongreen
nh · 1968 · cited in 4 New Hampshire opinions naming this issue, 1972–1988
2 sentences

1988Clark described five considerations to be addressed in making a choice of law: “(1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; (5) the Court’s preference for what it regards as the sounder rule of law, as between the two competing ones.” Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); see Clark v. Clark, 107 N.H. at 354-55 , 222 A.2d at 208-09 ; Lefla

1988Clark described five considerations to be addressed in making a choice of law: “(1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; (5) the Court’s preference for what it regards as the sounder rule of law, as between the two competing ones.” Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); see Clark v. Clark, 107 N.H. at 354-55 , 222 A.2d at 208-09 ; Lefla

34
Ferren v. General Motors Corp.green
nh · 1993 · cited in 2 New Hampshire opinions naming this issue, 1999–2016
2 sentences

2016See Ferren v. General Motors Corp., 137 N.H. 423, 425 (1993).

1999Id.

12
Taylor v. Bullockgreen
nh · 1971 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
2 sentences

2016This consideration “can play an important role in the ultimate choice made between the two competing laws.” Taylor v. Bullock, 111 N.H. 214, 216 (1971).

2016The determination of which state’s rule of law is the sounder rule requires an examination of the policies behind the conflicting rules and a decision as to which represents “the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks.” Taylor, 111 N.H. at 216 (quotation omitted).

11
Woronzoff-Daschkoff v. Woronzoff-Daschkoffgreen
ny · 1952 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
1 sentence

2016Under New York law, “annulments are decreed, not for any and every kind of fraud, but for fraud as to matters ‘vital’ to the marriage relationship only.” Woronzoff-Daschkoff v. Woronzoff-Daschkoff, 104 N.E.2d 877, 880 (N.Y. 1952) (citation omitted).

11
Lessard v. Clarkegreen
nh · 1999 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
1 sentence

2009See Lessard v. Clarke, 143 N.H. 555, 556 (1999) (courts must consider: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own State’s governmental interests rather than those of other States; and (5) the court’s preference for what it regards as the sounder rule of law” (quotation omitted)).

11
Chonich v. Fordgreen
michctapp · 1982 · cited in 1 New Hampshire opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Sanchez v. Coxon, 854 E2d 126, 128-30 (Ariz. 1993) (en banc); Chonich v. Ford, 321 N.W.2d 693, 697 (Mich. Ct. App. 1982).

11
State v. Roygreen
vt · 1981 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
2 sentences

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

11
Heath v. Sears, Roebuck & Co.green
nh · 1983 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
2 sentences

1993See Heath v. Sears, Roebuck & Co., 123 N.H. 512, 525-26 , 464 A.2d 288, 295-96 (1983).

1993See Heath v. Sears, Roebuck & Co., 123 N.H. 512, 525-26 , 464 A.2d 288, 295-96 (1983).

11
United States v. George H. Vestgreen
ca1 · 1988 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
1 sentence

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

11
State v. Truegreen
me · 1981 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
1 sentence

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

11
United States v. Michael E. Quintogreen
ca2 · 1978 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
1 sentence

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

11
United States v. Powellgreen
scotus · 1984 · cited in 1 New Hampshire opinions naming this issue, 1987–1987
1 sentence

1987Dunn , to be sure, rested in part on a view of res judicata that is now obsolete, compare Dunn v. United States, supra at 393, with United States v. Powell, supra at 64; but Justice Holmes’s principal line of reasoning still merits acceptance today.

11
In Re Estate of Sayewichgreen
nh · 1980 · cited in 1 New Hampshire opinions naming this issue, 1982–1982
2 sentences

1982See In re Estate of Sayewich, 120 N.H. 237, 241 , 413 A.2d 581, 583 (1980).

1982See In re Estate of Sayewich, 120 N.H. 237, 241 , 413 A.2d 581, 583 (1980).

11
Gordon v. Gordongreen
nh · 1978 · cited in 1 New Hampshire opinions naming this issue, 1982–1982
2 sentences

1982Gordon v. Gordon, 118 N.H. 356, 358 , 387 A.2d 339, 340 (1978); Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); Clark v. Clark, 107 N.H. 351, 354-55 , 222 A.2d 205, 208-09 (1966).

1982Gordon v. Gordon, 118 N.H. 356, 358 , 387 A.2d 339, 340 (1978); Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); Clark v. Clark, 107 N.H. 351, 354-55 , 222 A.2d 205, 208-09 (1966).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Benoit v. Test Systems, Inc. green
nh · 1997
1 sentence

2016“The fifth and final consideration concerns our preference for applying the sounder rule of law.” Benoit, 142 N.H. at 53 .

12016–2016
Keeton v. Hustler Magazine, Inc. green
nh · 1988
1 sentence

2011Keeton, 131 N.H. at 14 ; Clark, 107 N.H. at 353-55 ; LaBounty v. American Insurance Co., 122 N.H. 738, 741 (1982).

12011–2011
Voelbel v. Town of Bridgewater green
nh · 1999
1 sentence

2002In Voelbel , we reasoned that “the sounder rule of law favors granting municipal officials, acting in a legislative capacity, absolute immunity for their comments made during a town meeting regarding town matters.” Id. at 600 .

12002–2002
Stephens v. United States green
scotus · 1988
1 sentence

1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired

11993–1993
In re Estate of Wood green
nh · 1982
2 sentences

1986We noted that the “New Hampshire wrongful death statute, which permits distribution of the death benefits in accordance with the provisions of the decedent’s will, is the sounder rule of law because it fosters the intent of the decedent-testator.” 122 N.H. at 958 , 453 A.2d at 1252 .

1986We noted that the “New Hampshire wrongful death statute, which permits distribution of the death benefits in accordance with the provisions of the decedent’s will, is the sounder rule of law because it fosters the intent of the decedent-testator.” 122 N.H. at 958 , 453 A.2d at 1252 .

11986–1986
Saharceski v. Marcure green
mass · 1977
2 sentences

1982Massachusetts law prohibits a suit against a co-employee, M.G.L.A. ch. 152, § 15 (West Supp. 1982), even when the injury occurs out of State, Saharceski v. Marcure, 373 Mass. 304 , 307 & n.3, 366 N.E.2d 1245 , 1246 & n.3 (1977), and has long applied this rule.

1982Massachusetts law prohibits a suit against a co-employee, M.G.L.A. ch. 152, § 15 (West Supp. 1982), even when the injury occurs out of State, Saharceski v. Marcure, 373 Mass. 304 , 307 & n.3, 366 N.E.2d 1245 , 1246 & n.3 (1977), and has long applied this rule.

11982–1982
Heath v. Zellmer green
wis · 1967
2 sentences

1971Clark v. Clark, 107 N.H. 351, 355 , 222 A.2d 205, 209 (1966); Heath v. Zellmer, 35 Wis. 2d 578 , 151 N.W.2d 664 (1967); Haines v. Mid-Century Ins.

1971The determination of which is the sounder rule of law between the conflicting laws of the jurisdictions concerned requires an ex - amination of the policies behind these rules and a decision as to which represents “ the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks. ” Heath v. Zellmer, supra at 598 , 151 N.W.2d at 673 ; Cipolla v. Shaposka, supra at 578 , 267 A.2d at 860 ; see 47 Texas L.

11971–1971
CIPOLLA v. Shaposka green
pa · 1970
1 sentence

1971The determination of which is the sounder rule of law between the conflicting laws of the jurisdictions concerned requires an ex - amination of the policies behind these rules and a decision as to which represents “ the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks. ” Heath v. Zellmer, supra at 598 , 151 N.W.2d at 673 ; Cipolla v. Shaposka, supra at 578 , 267 A.2d at 860 ; see 47 Texas L.

11971–1971
Stropes v. Board of Comm'rs neutral
ind · 1880
1 sentence

1901The law does not encourage sheriffs or lawyers to multiply actions for their benefit; but, on the other hand, makes it their duty to allow parties to take their own course in bringing actions. “ There is neither a more wholesome nor a sounder rule of law than that which requires public officers to keep themselves in such a position as that nothing shall tempt them to swerve from the straight line of official duty.” Stropes v. Commissioners, 72 Ind. 42, 48 . “ A contract which tends to the injury of the public ser- vice is void, although the parties entered into it honestly and proceeded under

11901–1901

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 508:4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NH 19 (1901–2016) AL 15 (1875–1974) CA 15 (1918–2019) TX 9 (1899–1994) MS 9 (1961–2015) VI 9 (1966–2025) NY 8 (1917–2015) GA 7 (1926–1985) TN 7 (1877–1956) KS 5 (1926–1991) AZ 4 (1926–1957) CT 4 (1927–1964) KY 4 (1902–2011) OK 4 (1917–1964) FL 4 (1924–1953) IL 4 (1880–1993) MD 4 (1923–2025) AR 4 (1893–1967) ID 3 (1921–1992) PA 3 (1893–1956) SD 3 (1926–2026) NM 3 (1930–1977) OH 3 (1899–1991) IN 3 (1837–1938) DE 2 (1922–1923) RI 2 (1912–1976) MO 2 (1965–1974) HI 2 (1918–1959) WI 2 (1975–1977) ND 2 (1896–1909) MA 2 (1982–1986) NE 2 (1901–1951) IA 2 (1881–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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