Opinion · Supreme Court of New Hampshire

Gates v. Hancock

45 N.H. 528

Type: Opinion
Court: Supreme Court of New Hampshire
Jurisdiction: New Hampshire
Date: 1864-12-15
Topic: antitrust

Bartlett, J.* In Merrill & a. v. Plainfield, (Sullivan County, *530December 7, 1863,) upon a similar bill brought by several of the resident tax-payers of Plainfield, the defendants were enjoined from paying to the selectmen of the town the costs and expenses incurred by them in making defense to certain indictments against them for alleged misconduct in preparing, regulating and correcting the check-list of the town, although the town, at a meeting duly called, had voted to make the payment. . It is not within the power of a majority of the voters in a town-meeting to appropriate the property of the town to such a payment, Gove v. Epping, 41 N. H. 545; and their vote to ratify the unauthorized action of the selectmen in making such a payment with the money of the town, can have no greater validity than a vote directing such payment.

Citator

UpLaw has not yet analyzed Gates v. Hancock. The absence of a flag is not a finding that it is good law.

Bartlett, J.*

In Merrill & a. v. Plainfield, (Sullivan County, *530 December 7, 1863,) upon a similar bill brought by several of the resident tax-payers of Plainfield, the defendants were enjoined from paying to the selectmen of the town the costs and expenses incurred by them in making defense to certain indictments against them for alleged misconduct in preparing, regulating and correcting the check-list of the town, although the town, at a meeting duly called, had voted to make the payment. . It is not within the power of a majority of the voters in a town-meeting to appropriate the property of the town to such a payment, Gove v. Epping, 41 N. H. 545; and their vote to ratify the unauthorized action of the selectmen in making such a payment with the money of the town, can have no greater validity than a vote directing such payment. Downing v. Road Company, 40 N. H. 230. The objection, that the individuals, who voted in the majority at the meeting, are not joined as parties, cannot be sustained. Barr v. Deniston, 19 N. H. 180; March v. The Railroad, 40 N. H. 568.

The demurrer must he overruled.

Perley, C. X, having been of counsel, did not sit.