Webster v. Hall
Supreme Court of New Hampshire
. Bill in Equity, by Webster and Drake, against Hall and the county of Hillsborough. Facts found by a referee. In pursuance of an agreement between the plaintiff's and Hall jointly to institute and carry on prosecutions for violations of the liquor law, Hall made complaints, and the plaintiffs testified before the grand jury. Ten indictments were found, and ten fines were paid to the county.
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. Bill in Equity, by Webster and Drake, against Hall and the county of Hillsborough. Facts found by a referee. In pursuance of an agreement between the plaintiff's and Hall jointly to institute and carry on prosecutions for violations of the liquor law, Hall made complaints, and the plaintiffs testified before the grand jury. Ten indictments were found, and ten fines were paid to the county. By their agreement, Hall was to have one fifth, and the plaintiffs two fifths each, of the moieties. The plaintiffs claim two fifths each, and Hall claims the whole.
1Opinion of the CourtDoe, C. J.
This bill, being necessary for the protection of the county, could be maintained by the county as a bill of interpleader. And being a reasonably necessary process for conveniently and economically ascertaining and establishing the plaintiffs’ rights and furnishing their remedy, it may be maintained by them. Metcalf v. Gilmore, 59 N. H. 417, 434. The just adjudication of their claim requires a suit in which Hall will be bound by the judgment. And as the county should not be harassed by more than one suit for the settlement of the conflicting claims of the plaintiffs and Hall, so the plaintiffs…
2Cases cited2 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Pierce v. County of HillsboroughSupreme Court of New Hampshire · 1876
3Cited by3 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Tasker v. LordSupreme Court of New Hampshire · 1886