County v. Clark

60 N.H. 209

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1880
• Status: Published

Opinion

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 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.