41 N.H. 539 | N.H. | 1860
This action cannot be maintained. In correcting the check-list, the plaintiffs were acting, not as agents, or servants of tbe town, under, its direction and control, but in an official and judicial capacity; and no promise can be implied, on the part of tbe town, to indemnify them against tbe consequences of their action. Wadsworth v. Henniker, 35 N. H. 189.
Tbe plaintiffs rely upon the express promise contained in tbe vote of tbe town. The power of towns to raise
Judgment for the defendants.