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MOORE v. DAILEY

No. 4076.

97 N.H. 278 (1952)

ANNA A. MOORE v. WILLIAM E. DAILEY & a.

Supreme Court of New Hampshire.

February 5, 1952.

Attorney(s) appearing for the Case

Frederick J. Grady, Hughes & Burns and Robert E. Hinchey (Mr. Hinchey orally), for the plaintiff.

Gordon M. Tiffany, Attorney General, John N. Nassikas, Assistant Attorney General, and Arthur E. Bean, Jr., Law Assistant (Mr. Nassikas orally), specially for the State.

The defendant William E. Dailey, filed no brief.

BLANDIN, J.

It is too well established to require extended citation that the State can not be sued without its consent. Rothrock v. Loon Island, 96 N.H. 421. It also seems clear under our law that the trustee process here is actually a suit against the State (Klinger v. Cartier, 96 N.H. 180) and as such it is barred unless there has been a waiver by the State of its immunity...

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