Day v. Coos County
Supreme Court of New Hampshire
Assumpsit, for money had and received. Transferred without a ruling from the December term, 1914, of the superior court by Branch, J., on an agreed statement of facts. The plaintiff in the first case is the city marshal and in the second is the city solicitor of Berlin.
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Assumpsit, for money had and received. Transferred without a ruling from the December term, 1914, of the superior court by Branch, J., on an agreed statement of facts. The plaintiff in the first case is the city marshal and in the second is the city solicitor of Berlin. Edward Poland, having been arrested by Day upon a complaint and warrant made out by Goss, paid upon a sentence of the police court of the district of Berlin, to the clerk of said court, costs which included $1.62 as officer’s fee for the arrest and $1.50 as fee for the complaint and warrant. The city claims these fees, having…
1Opinion of the CourtParsons, C. J.
An action of assumpsit cannot be maintained against a county. Claims against a county must be presented to the county commissioners for allowance. P. S., c. 27, s. 10. In case of disagreement between the claimant and the commissioners as to any claim, the same may be laid before the court for decision. Ib., s. 13. If the claims in dispute have been presented to the commissioners, the suits in assumpsit may be transformed by amendment into applications for a revision by the court of the judgment of the commissioners. Plymouth v. County, 68 N. H. 361.
The costs, including the fees in question,…
2Cases cited1 opinion
- Plymouth v. Grafton CountySupreme Court of New Hampshire · 1895
3Cited by1 opinion
- Spinney v. SeabrookSupreme Court of New Hampshire · 1918