Plymouth v. Grafton County
Supreme Court of New Hampshire
Assumpsit, for supplies furnished a person claimed to be a county pauper. Facts .found by the court. The plaintiffs’ claim was submitted to the county commissioners with vouchers and affidavits in proper form and by them disallowed. The plaintiffs thereupon, without any agreement with the commissioners and without their consent, brought this action.
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Assumpsit, for supplies furnished a person claimed to be a county pauper. Facts .found by the court. The plaintiffs’ claim was submitted to the county commissioners with vouchers and affidavits in proper form and by them disallowed. The plaintiffs thereupon, without any agreement with the commissioners and without their consent, brought this action. The defendants moved to dismiss on the ground that there had been no submission to the court within the meaning of the statute, and because a suit at law cannot be maintained.
1Opinion of the CourtParsons, J.
The decision of the county commissioners, disallowing the plaintiffs’ claim, was a judgment conclusive until reversed, modified, or set aside. Salisbury v. County, 59 N. H. 359; Concord v. County, 60 N. H. 521. The question presented is whether such judgment is subject to revision in this court in a suit at law brought upon the same claim. Public Statutes, c. 85, s. 3, providing that when a claim of this nature shall with proper vouchers be presented to the county commissioners they shall allow such sum as they think reasonable, to be paid out of the county treasury, uses nearly identical…
2Cases cited2 opinions
- Salisbury v. Merrimack CountySupreme Court of New Hampshire · 1879
- Concord v. Merrimack CountySupreme Court of New Hampshire · 1881
3Cited by5 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Day v. Coos CountySupreme Court of New Hampshire · 1915
- Strafford County v. Rockingham CountySupreme Court of New Hampshire · 1901
- Wilson v. Coös CountySupreme Court of New Hampshire · 1903
- Moore v. GanimSupreme Court of Connecticut · 1995