Supreme Court of New Hampshire, 1880

County v. Clark

County v. Clark
Supreme Court of New Hampshire · Decided December 5, 1880 · Clark, Foster
60 N.H. 209

County v. Clark

Opinion of the Court

Clark, J.

The examination of the accounts of the defendant as clerk of the court, by the presiding justice, was the performance of a duty imposed by statute, and the order of approval was a determination of the claims considered and allowed, in the nature of a judgment, and is a bar to this action. The statute requiring an adjustment of the defendant’s account by the court does not give *210 or leave to either of these parties an appeal from that adjustment by a suit at law. Supervisors v. Briggs, 2 Hill 135—S. C ., 2 Denio 26. If the settlement is erroneous, it may be reopened and corrected by proper proceedings, — by simple motion to the court and notice to the defendant; and this action may be continued in the trial term without costs to await the result. Northumberland v. Cob leigh, 59 N. H. 250, 256.

Case discharged.

' Foster, J., did not sit: the others concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.