Davis v. School District
Davis v. School District
Opinion of the Court
As it may be shown that a suit is prosecuted without the consent of the plaintiff on the record (Bank v. Fellows, 28 N. H. 307; Bridgton v. Bennett, 10 Shepl. 422), it follows that the question of the authority of an attorney to appear for a party may be tried where it is properly raised. If the revocation of Mr. Felton’s authority was passed by illegal votes, it is insufficient; and we do not see why this may not as well be examined as the legality of a town-meeting, where a tax is in question. Osgood v. Blake, 21 N. H. 550; Rogers v. Bowen, 42 N. H. 108. We do not think the record of the vote is conclusive in this case that it was passed by legal voters. Sudbury v. Stearns, 21 Pick. 148. The question here is not between third parties, but between Mr. Felton, who claims to have authority to appear, and the plaintiff', who denies that he has such authority. Such an inquiry may sometimes prove inconvenient, but that furnishes no sufficient objection to it. Winship v. Conner, 42 N. H. 341. The meeting was called to act upon the question of defending the suit, and revoking Mr. Felton’s authority, and although the suit was for labor in building a school-house, we
Reference
- Full Case Name
- Davis v. School District in Haverhill
- Status
- Published