Legal Opinion

Lisbon Village District v. Lisbon

Supreme Court of New Hampshire

Decided June 2, 1931PublishedCited by 13 opinions

1Opinion of the CourtPeaslee, C. J.

The plaintiff has mistaken the form of remedy-available. The declaratory judgment act (Laws 1929, c. 86) was designed to supply deficiencies in legal procedure which existed before the enactment of the statute. Faulkner v. Keene, ante, 147. It was not intended as a substitute for ample remedies in use before its adoption. To borrow the language of chancery, where there is another plain, adequate and complete remedy available the statute cannot be invoked. The issue here being the plaintiff’s tax liability, the petition for an abatement affords an adequate remedy. Bretton Woods Co. v. Carroll,…

2Cases cited6 opinions

  1. Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
  2. Keene v. RoxburySupreme Court of New Hampshire · 1924
  3. Bretton Woods Co. v. CarrollSupreme Court of New Hampshire · 1930
  4. Bilodeau v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1930
  5. Grafton County v. HaverhillSupreme Court of New Hampshire · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Land O' Lakes Dairy Co. v. Village of SebekaSupreme Court of Minnesota · 1948
  2. Asmussen v. Commissioner, New Hampshire Department of SafetySupreme Court of New Hampshire · 2000
  3. Beaudoin v. StateSupreme Court of New Hampshire · 1973
  4. Caroline Street Permanent Building Ass'n No. 1 v. SohnCourt of Appeals of Maryland · 1940
  5. Young v. BridgesSupreme Court of New Hampshire · 1933

8 more not listed; retrieve them via the Exa API.

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