This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.
New Hampshire Judgment regarding Boundary Line Dispute
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State:
Multi-State
Control #:
US-00748
Format:
Word;
Rich Text
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FAQ
The doctrine of judicial estoppel serves to prevent litigants from asserting claims in a court proceeding that are directly contrary or inconsistent to a prior statement made in a previous proceeding.
A court will typically invoke judicial estoppel where the earlier position was accepted by the court and the later position is clearly contradictory. Judicial estoppel may be raised as an affirmative defense.
As generally understood, judicial estoppel ?prevent[s] a litigant from pressing a claim that is inconsistent with a position taken by that litigant either in a prior legal proceeding or in an earlier phase of the same legal proceeding.? This rule emerged long ago, and persists to this day, as a means of protecting the ...
The boundary between the States of Vermont and New Hampshire is the low water mark, on the western side of the Connecticut River, not the top or westerly margin of the bank, as claimed by New Hampshire, and the low water mark for this purpose is taken to be (as found by the Special Master and not challenged by the ...
The general rule is that the federal government may not be equitably estopped from enforcing public laws, even though private parties may suffer hardship as a result in particular cases. Office of Personnel Management v. Richmond, 496 U.S. 414 (1990); Heckler v.
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim.