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WISEMAN v. STATE

No. 4237.

98 N.H. 393 (1953)

JUDITH S. WISEMAN, Ind. and as Adm'x & a. v. STATE.

Supreme Court of New Hampshire.

Decided December 21, 1953.

Attorney(s) appearing for the Case

Leo Liberson (by brief and orally), for the plaintiffs.

Louis C. Wyman, Attorney General, and George F. Nelson, Assistant Attorney General (Mr. Nelson orally), for the State.

DUNCAN, J.

The issue presented by the exceptions is whether the plaintiffs' pleadings state a cause of action which may be maintained against the defendants. It is axiomatic that the State is not subject to suit without its consent. Bow v. Plummer, 79 N.H. 23, and cases cited; Moore v. Dailey, 97 N.H. 278. To establish such consent the plaintiffs rely upon Laws 1951, c. 243, conferring jurisdiction upon the...

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