Opinion
No. 4712.
Argued February 3, 1959.
Decided February 20, 1959.
1. Where an adequate review of rulings of the Superior Court could be obtained by a bill of exceptions (RSA 490:10) a petition to the Supreme Court for certiorari to review such rulings was denied.
PETITION, for a writ of certiorari by John L. Southwick, Jr. and Grace Southwick, two of the defendants in the above entitled action, filed in the Supreme Court as an original proceeding to review certain rulings of the Superior Court.
The plaintiff by writ dated February 19, 1958, returnable on the first Tuesday of May 1958 in the Superior Court in the county of Rockingham instituted an action against the above-named and others to recover a deficiency due upon notes after foreclosure of certain real estate mortgages. On February 20, 1958, all real estate of the defendants in said county was attached under said writ.
On February 24, 1958, the defendants John L. and Grace Southwick, filed a motion predicated on the provisions of RSA 511:53 (supp.), relating to excessive attachments, and on other grounds, asking that the Court order a discharge of all real estate attachments made against them in the above action. Before action was taken thereon they filed a similar motion on April 1, 1958, which after hearing, was denied by Morris, J., on August 13, 1958. There was a rehearing on November 24, 1958, and on December 9, 1958, the following order was made "After rehearing motion denied."
This petition for certiorari to review the rulings of the Superior Court was filed in this court on December 22, 1958. On January 6, 1959, defendants' bill of exceptions "to the ruling of the court on December 9, 1958" was filed in the Superior Court.
Green, Green, Romprey Sullivan (Mr. Samuel Green orally), for the plaintiff.
John L. Southwick, Jr. (by brief and orally), pro se and for Grace Southwick.
It is established law that where an adequate remedy is available upon appeal, certiorari will not be granted. Waisman v. Manchester, 96 N.H. 50, 52; Nashua v. Public Utilities Commission, 101 N.H. 503. If the defendants have been aggrieved by the rulings of the Trial Court adequate review can be obtained by a bill of exceptions. RSA 490:10; Bagley v. Small, 92 N.H. 107, 108.