Sanborn Seminary v. Town of Newton
| Decision Date | 06 December 1904 |
| Citation | 59 A. 614,73 N.H. 109 |
| Parties | SANBORN SEMINARY v. TOWN OF NEWTON. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court; Stone, Judge.
Assumpsit by Sanborn Seminary against the town of Newton. Transferred from the superior court. Case discharged.
The action was brought to recover from the town the value of the tuition of a child residing with his parents in the town. If it should be found that the action should be against the school district, instead of the town, an amendment accordingly was to be allowed upon terms.
Thomas Leavitt and Louis G. Hoyt, for plaintiffs.
Arthur O. Fuller, for defendants.
The action cannot be maintained against the town. Union School District v. District, 71 N. H. 269, 52 Atl. 850. The leave to amend was made to depend upon this result, and has not been accepted and carried into effect by substituting the school district for the town. Until this is done, and the school district becomes a party to the action, it will not be bound by any decision of fact or law that is made therein. If made a party, it may become defaulted, or settle the action, or prove a different state of facts, or present a different view of the law from those now before the court. The amendment proposed in Contoocook Precinct v. Hopkinton, 71 N. H. 574, 53 Atl. 797, was the substitution of other parties for the plaintiffs; and the question of the town's liability (the town being a party to the action, and having been fully heard upon the question) was considered for the sole purpose of determining whether Justice required that the amendment should be made. It was said that, if the town would not be liable to any one upon the case presented, "it would be worse than useless to make the amendment." In the present case the corporation whose liability is in question not being a party, it would serve no useful purpose to consider the question unless it was apparent that there could be no liability under the circumstances, and this is not apparent.
Case discharged. All concurred.
To continue reading
Request your trial
-
State v. Swift
...This is especially so where it is apparent that no relief could be granted were the question clearly pending. See Sanborn Seminary v. Town of Newton, 73 N.H. 109, 59 A. 614; Stone v. Johnson, 89 N.H. 329, 197 A. 713. We therefore consider the issue presented. The powers of the Attorney Gene......
-
Toussaint v. Fogarty
...H. 528, 2 Atl. 641; Wheeler v. Alton, 68 N. H. 477, 478, 38 Atl. 208; Loverin v. District, 64 N. H. 102, 6 Atl. 483; Sanborn Seminary v. Newton, 73 N. H. 109, 59 Atl. 614; Parker v. Lyndeborough, 79 N. H. 99, 101, 105 Atl. The charter of the city of Berlin abolished the existing town and sc......
- Farrell v. E. Mach. Co.
-
Stone v. Johnson
...consider the question of the defendant's individual liability even though she has not been made a party to the action. Sanborn Seminary v. Newton, 73 N.H. 109, 59 A. 614. It is elementary law that a servant assumes the risk of those dangers incident to his employment of which he is informed......