WAISMAN v. MANCHESTER

No. 3861.

96 N.H. 50 (1949)

ANNA L. WAISMAN v. MANCHESTER.

Supreme Court of New Hampshire.

December 6, 1949.


Attorney(s) appearing for the Case

McLane, Davis, Carleton & Graf and Stanley M. Brown (Mr. Brown orally), for the plaintiff.

J. Francis Roche, city solicitor and Joseph J. Betley (Mr. Betley orally), for the defendants.


DUNCAN, J.

The questions reserved by the Trial Court, and the plaintiff's vigorous assertion that the proceedings before the board of mayor and aldermen should be vacated upon certiorari without putting her to the expense of trial of her appeal, invite consideration of the nature and scope of the appeal; for it is established law that where an adequate remedy is available upon appeal, certiorari will not be granted. Cloutier v. State Milk Control...

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