Sanborn Seminary v. Newton
Supreme Court of New Hampshire
Assumpsit, for the tuition of a child residing with his parents in the defendant town. If it should be found that the action should be against the school district instead of the town, an amendment accordingly will be allowed upon terms. Transferred from the April term, 1904, of the superior court by Stone, J.
1Opinion of the CourtChase, J.
The action cannot be maintained against the town. Union School District v. District, 71 N. H. 269. The leave to amend was made to depend upon this result, and has not been accepted and carried into effect by substituting the school district for the town. Until this is done and the school district becomes a party to the action, it will not be bound by any decision of fact or law that is made therein. If made a party it may become defaulted, or settle the action, or prove a different state of facts, or present a different view of the law from those now before the court.
The amendment proposed in…
2Cases cited2 opinions
- Union School District v. District No. 20Supreme Court of New Hampshire · 1902
- Contoocook Fire Precinct v. HopkintonSupreme Court of New Hampshire · 1902
3Cited by3 opinions
- Stone v. JohnsonSupreme Court of New Hampshire · 1938
- Toussaint v. FogartySupreme Court of New Hampshire · 1922
- New Hampton Institution v. Northwood School DistrictSupreme Court of New Hampshire · 1907