Berlin Taxpayers Ass'n v. Mayor of Berlin

The petition alleges that the city government acted fraudulently in voting to give up further prosecution of the action. The general principle is that while taxpayers of a municipality may bring suit or intervene and thereafter carry on or defend the proceeding when illegal action to their detriment is threatened or committed by the municipality (Brown v. Marsh, 21 N. H. 81; Merrill v. Plainfield, 45 N. H. 126; Brown v. Concord, 56 N. H. 375; Sherburne v. Portsmouth, 72 N. H. 539; Blood v. Company, 68 N. H. 340), yet the court may not permit their participation in a proceeding in respect to…