498:1 Jurisdiction. – The superior court shall have the powers of a court of equity in the following cases: charitable uses; trusts other than those trusts described in RSA 564-A:1, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d); fraud, accident and mistake; the affairs of partners, […]
498:10 Place of Hearing. – Causes in equity pending in one county, and motions and applications therein, may, upon reasonable notice to the parties or their attorneys, be heard and determined in any other county. Source. GS 190:11. GL 209:11. PS 205:17. PL 317:9. RL 371:10.
498:11 Entry of Orders. – Decrees and orders made by a justice, or by the court, when the clerk for the county in which the suit is pending is not in attendance shall be certified and forthwith transmitted, with the papers connected therewith, to the clerk, and be by him entered of record. Source. […]
498:12 Interlocutory Orders. – The appointment of commissioners and receivers, the reference of questions to masters, granting writs of injunction to stay proceedings or waste, making interlocutory decrees or orders and other incidental proceedings may be had and done by the superior court in any county, but injunctions so issued shall continue, unless sooner […]
498:13 Fees of Masters, Etc. – In special cases the court may, within the appropriation limits established by the legislature, allow a reasonable compensation to masters for their services and expenses, including stenographer’s fees in cases where the employment of a stenographer is authorized by the court, which shall be paid by the state. […]
498:14 Lien; Personal Property. – When a bill is filed under the provisions of RSA 498:8, the plaintiff may cause a certified copy thereof, and of the order issued thereon, to be filed in the office of the secretary of state, and such filing and the service of the bill upon such defendant shall […]
498:15 Lien; Real Estate. – In the case of real estate, the lien shall be created by filing the certified copy in the office of the register of deeds of the county in which the real estate is situated. Source. 1866, 4227:5. GS 190:6. GL 209:6. PS 205:10. 1913, 109:2. PL 317:14. RL 371:15.
498:16 Attachment. – The plaintiff in a bill in equity, or the petitionant in a petition for divorce, shall have a writ of attachment or a trustee process, as of right, for the attachment of the goods, estate, money, rights or credits of the defendant or petitionee to secure the performance of any decree […]
498:17 Repealed by 1981, 328:3, XIII, eff. Aug. 16, 1981. –
498:18 Service and Lien of Attachment. – The officer to whom the writ is directed may attach property thereon as upon writs in civil actions, and such attachment shall constitute a lien upon the property attached to secure the performance of any decree or order that may be made in the suit. Source. 1866, […]
498:19 Filing Writ of Attachment. – The writ shall be filed in the clerk’s office with the papers in the suit, and a memorandum of it shall be entered upon the docket. Source. PS 205:14. PL 317:18. RL 371:19.
498:2 Procedure. – The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice. Source. RS 171:6. CS 181:9. 1855, 1659:12. GS 190:1. GL 209:1. 1885, 87:1. 1887, 77:2. PS 205:1. PL 317:2. RL 371:2.
498:2-a Insurance Coverage Disclosure in Tort Cases. – At any time after suit for negligence and an appearance on behalf of the defendant have been filed, the named defendant, or his or her insurance carrier if he or she is insured as to the claim, shall disclose only to the claimant or his or […]
498:20 Decrees in Attachment Cases. – If the decree or order requires the performance of any other thing than the payment of money, the court may make necessary orders and issue necessary process to secure or compel the performance of the decree or order by means of the property attached or held by trustee […]
498:21 Modification or Discharge of Lien. – Any lien acquired by proceedings in equity may be released, discharged or modified by the court in such manner and upon such terms as justice may require. When any such lien is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff’s attorney, upon request, […]
498:3 Repealed by 1971, 292:2, eff. Aug. 22, 1971. –
498:4 Deviation From Terms of Trust. – In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of […]
498:4-a Cy Pres Doctrine. – I. The superior court shall exercise jurisdiction pursuant to RSA 498:4-a through RSA 498:4-e only where the claims or defenses raised are related to a matter otherwise pending before or within the jurisdiction of the superior court. In all other cases involving the doctrine of cy pres, jurisdiction shall […]
498:4-b Federal Taxation. – Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the […]
498:4-c Inapplicability of Cy Pres. – Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor. Source. 1971, 516:1, eff. Sept. […]
