NORTON, Trustee, v. CITY OF DOVER.
SAME v. CITY OF PORTSMOUTH.
SAME v. CITY OF MANCHESTER.
SAME v. CITY OF CONCORD.
SAME v. CITY OF NASHUA.

Circuit Court, D. New Hampshire.

February 23, 1886.

NEW TRIAL—RELEASE AFTER VERDICT.

Where there has been a release, in full, under seal, after a verdict in favor of defendant a motion for new trial, on the ground that the evidence in the former trial was false, will not be heard until the validity of the release is determined by a proper proceeding.

Motion for a New Trial.

H. D. Hadlock, for plaintiff.

William L. Foster, for defendants.

COLT, J. In the above cases brought by the same plaintiff against various defendants, it appears that since the trial the plaintiff has signed what purports to be a release, in full, under seal, in favor of the several defendants. The plaintiff contends that this release is void. Under these circumstances, however, the motion for a new trial must be postponed until the validity of the release is determined by a proper proceeding.

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