Amanda Colburn v. Nicholas Saykaly & a. (2020)

Citation: Amanda Colburn v. Nicholas Saykaly & a. (2020)
Parent Document: Amanda Colburn v. Nicholas Saykaly & a. (2020)
Jurisdiction: New Hampshire (state)
Effective Date: 2020-03-11
Original Source: https://www.courtlistener.com/opinion/4734583/amanda-colburn-v-nicholas-saykaly-a/ ↗

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As Justice Holmes observed, “the machinery of government would not
work if it were not allowed a little play in its joints.” See Rafferty v. State, 107
N.H. 387, 389 (1966) (quoting Bain Peanut Co. v. Pinson, 282 U.S. 499, 501
(1931)). Here, the legislative scheme governing the circuit court requires play
in its joints to function properly, rather than a rigid rule that reduces the
flexibility afforded to the circuit court divisions by the legislature. We are
confident that, when two or more divisions of the circuit court have jurisdiction
over parties or property, each division will assess the circumstances and wisely
exercise its discretion, deferring to other divisions if and when appropriate.

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