| N.H. | Dec 5, 1880

The examination of the accounts of the defendant as clerk of the court, by the presiding justice, was the performance of a duty imposed by statute, and the order of approval was a determination of the claims considered and allowed, in the nature of a judgment, and is a bar to this action. The statute requiring an adjustment of the defendant's account by the court does not give *210 or leave to either of these parties an appeal from that adjustment by a suit at law. Supervisors v. Briggs, 2 Hill 135 — S.C., 2 Denio 26" court="N.Y. Sup. Ct." date_filed="1846-01-15" href="https://app.midpage.ai/document/supervisors-of-onondaga-v-briggs-5465154?utm_source=webapp" opinion_id="5465154">2 Denio 26. If the settlement is erroneous, it may be reopened and corrected by proper proceedings, — by simple motion to the court and notice to the defendant; and this action may be continued in the trial term without costs to await the result. Northumberland v. Cobleigh, 59 N.H. 250" court="N.H." date_filed="1879-06-05" href="https://app.midpage.ai/document/northumberland-v-cobleigh-3553050?utm_source=webapp" opinion_id="3553050">59 N.H. 250, 256.

Case discharged.

FOSTER, J., did not sit: the others concurred.

© 2024 Midpage AI does not provide legal advice. By using midpage, you consent to our Terms and Conditions.