DUNCAN, J.
Since the parties join in seeking a determination of the questions presented, no consideration need be given to the propriety of the form in which the proceedings are brought. "Following the practice in this jurisdiction, we therefore proceed to a consideration of the merits of the controversy, without further attention to what are here deemed to be inconsequential matters of form." Tirrell v. Johnston, 86 N.H. 530, 532.
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