State Ex Rel. Thorndike v. Collins
Supreme Court of New Hampshire
Petition, by twenty-one persons alleged to be legal voters in Concord, for the abatement of a liquor nuisance in that city. Two of the petitioners were not such voters. The petition was amended by substituting two voters for them, subject to the defendants’ exception.
1Opinion of the CourtChase, J.
The statute required the petition to be signed by not less than twenty legal voters of Concord. P. S., c. 205, s. 5. It purported to be so signed, and was therefore sufficient upon its face; but it turned out that only nineteen of the signers possessed the requisite qualification. Was the defect amendable ? There is nothing in the nature of this action (State v. Saunders, 66 N. H. 39; Rancour’s Petition, 66 N. H. 172) that excludes it from the operation of the general rule, authorizing the court to allow amendments to be made in civil actions by adding new parties or substituting new ones for…
2Cases cited13 opinions
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Buckminster v. WrightSupreme Court of New Hampshire · 1879
- State Ex Rel. Blodgett v. BatchellerSupreme Court of New Hampshire · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- National Marine Underwriters, Inc. v. McCormackSupreme Court of New Hampshire · 1993
- In re HarrisCourt of Appeals for the First Circuit · 1924
- America Land Co. v. City of KeeneCourt of Appeals for the First Circuit · 1930
- Remick v. J. Spaulding & Sons Co.Supreme Court of New Hampshire · 1926
- Trustees of Dartmouth College v. CameronSupreme Court of New Hampshire · 1913
5 more not listed; retrieve them via the Exa API.