North Hampton Racing & Breeding Ass'n v. New Hampshire Racing Commission

In the view we have taken of the present case it is wholly unnecessary to consider or determine the question as to whether or not certiorari is the proper remedy. Blake v. Railroad, 39 N. H. 435, 436. “All parties desire a decision. ... In this situation, the questions have been considered without reference to any defect in the form of the petition.” Barber v. Board, 82 N. H. 426, 427. We granted certiorari because of the important question of law involved. Having granted it and heard the parties on the merits of the issue raised therein, we proceed to the direct consideration of the case. In…