FORTIN v. MORTON

No. 4683.

101 N.H. 477 (1958)

CECILE E. FORTIN & a. v. JOHN O. MORTON, Commissioner.

Supreme Court of New Hampshire.

Decided December 31, 1958.


Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and Jack B. Middleton (Mr. Middleton orally), for the plaintiffs.

Louis C. Wyman, Attorney General, and Jarlath M. Slattery, Assistant Attorney General (Mr. Slattery orally), for the defendant.


WHEELER, J.

The question presented is whether, on the basis of the pleadings and the agreed facts before us, the plaintiffs are entitled to a hearing on the merits of their petitions in the court below.

The plaintiffs concede that it is elemental law that the State cannot be sued without its consent. It is further pointed out that these actions do not seek to interfere with the official discretion of the defendant but rest upon the charge of abuse of powers...

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