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EATON v. BRAGG

No. 3966.

96 N.H. 407 (1951)

EMERY N. EATON & a. v. RALPH O. BRAGG.

Supreme Court of New Hampshire.

January 2, 1951.

Attorney(s) appearing for the Case

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the plaintiffs.

Samuel Levy and David Strater of Maine (Mr. Strater orally), for the defendant.

BLANDIN, J.

The basic question is whether the vote of the town to merge the offices of tax collector and town clerk is legal. We believe it is not. Towns have only the powers which the state grants them. Amyot v. Caron, 88 N.H. 394, and authorities cited; 62 C. J. S., Municipal Corporations, ss. 107, 115. While there is nothing to prevent the election of the same person to the separate offices of tax collector and town clerk, neither our Constitution...

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