Sawyer v. Manchester & Keene Railroad
Supreme Court of New Hampshire
Foreign Attachment. The trustee is the town of Hancock. The plaintiffs claim to charge the trustee for the amount of five per cent, on the appraised valuation of the town for the year 1874. The warrant for a special meeting of the town, held January 25, 1875, contained the following article: “Second.
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Foreign Attachment. The trustee is the town of Hancock. The plaintiffs claim to charge the trustee for the amount of five per cent, on the appraised valuation of the town for the year 1874. The warrant for a special meeting of the town, held January 25, 1875, contained the following article: “Second. To see what per cent, of its last valuation, or what sum of money, the town will vote to raise and appropriate as a gratuity to the Manchester & Keene Railroad Company, if it will build a railroad with suitable depots at the village, or within one half mile of the town hall in said town, said…
1Opinion of the CourtCarpenter, J.
It must be taken, for the purposes of the case, that the defendants built and completed the railroad, relying in good faith upon the vote of the town as originally recorded by the town-clerk, but that the actual vote was as expressed in the amendment of the record allowed by the court. The question of chief importance is, whether the amendment can be properly allowed against the objection of the .'plaintiffs, and without the defendants’ consent.
Towns have frequent occasion to transact business which their ordinary officers have no power to perform, and which can be done only by direct…
2Cases cited22 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Moore v. . MayorNew York Court of Appeals · 1878
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Curnen v. . the MayorNew York Court of Appeals · 1880
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3Cited by8 opinions
- Panto v. Moore Business Forms, Inc.Supreme Court of New Hampshire · 1988
- Frost v. HoarSupreme Court of New Hampshire · 1932
- Broadhurst v. MorganSupreme Court of New Hampshire · 1891
- Cheshire County Convention v. Cheshire County CommissionersSupreme Court of New Hampshire · 1975
- Franklin Falls Pulp Co. v. FranklinSupreme Court of New Hampshire · 1890
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