Doolittle v. Walpole
Supreme Court of New Hampshire
Case. The declaration alleged, in substance, that the defendants erected and maintained, in an unsuitable condition, a lock-up for the keeping and detention of prisoners; that the plaintiff was arrested, and for twenty-four hours was confined in the lock-up, and by reason of its unsuitable condition was injured. The defendant’s demurrer was sustained, and the plaintiff excepted.
1Opinion of the CourtBlodgett, J.
“ In its own courts a state cannot be made an involuntary defendant. It is not constitutionally bound to give to its school-teachers, to those who support its paupers, lend it money, sell it real or personal property, or make and repair its roads and buildings, to travellers injured by defects in its highways, or to any class of contractors, creditors, or claimants, a right of action, civil or criminal, against itself.” Wooster v. Plymouth, 62 N. H. 193, 205; Sargent v. Gilford, 66 N. H. 543, 544. Towns are “ only political subdivisions of the state, made for the convenient administration of…
2Cases cited4 opinions
- Wooster v. PlymouthSupreme Court of New Hampshire · 1882
- Edgerly v. ConcordSupreme Court of New Hampshire · 1882
- Sargent v. GilfordSupreme Court of New Hampshire · 1891
- Wakefield v. NewportSupreme Court of New Hampshire · 1883
3Cited by4 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
- Dempster v. County of GraftonSupreme Court of New Hampshire · 1936
- Felch v. WeareSupreme Court of New Hampshire · 1899