Conway v. New Hampshire Water Resources Board

Whether the taxpayers in their case may properly seek to enjoin the illegal expenditure of state funds, appears to present an inquiry of new impression in this forum. Their right when the funds belong to municipal corporations is well settled. Blood v. Company, 68 N. H. 340, and cases cited; Clough v. Verrette, 79 N. H. 356. The better reasoning is thought to extend the right to state appropriations and expenditures. While the State cannot be sued without its consent (Western Union Telegraph Co. v. State, 64 N. H. 265, 271; Bow v. Plummer, 79 N. H. 23, 24), and while a suit against those…