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DUNCAN v. JAFFREY

No. 4228.

98 N.H. 305 (1953)

GEORGE H. DUNCAN v. JAFFREY.

Supreme Court of New Hampshire.

Decided October 30, 1953.

Attorney(s) appearing for the Case

Charles W. Tobey, Jr. for the plaintiff.

Walter H. Gentsch and Upton, Sanders & Upton for the defendant.

KENISON, C. J.

The decision in Bretton Woods Co. v. Carroll, 84 N.H. 428, is authority for the proposition that an abatement petition is not the proper remedy in a situation of this kind. While the plaintiff might have sought relief by seasonably seeking to enjoin the alleged unconstitutional taxation (Clough v. Verrette, 79 N.H. 356, 359) this remedy would not now be available because of lapse of time. Since it is understood that the parties...

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