C. R. Morrison, with whom were Frink Batchelder, for the defendants. If our case required it, we should ask the court to overrule so much of Railroad v. Enfield, 57 N.H. 510, as holds that, upon an appeal, other objections than those set out in the appeal may be made to the laying out. That decision gives no force to apparently material words not found in the act of 1862 (which was the first law authorizing a land-owner to appeal from a laying out), but inserted in Gen.

Where the objection goes to the jurisdiction of the original tribunal over the subject-matter, the judgment is void, and the appellate tribunal acquires no jurisdiction of the merits upon appeal. The proceedings may be quashed on motion or dismissed. State v. Gerry, 68 N.H. 495; State v. Perkins, 63 N.H. 89; State v. Thornton, 63 N.H. 114; Northern R. R. v. Enfield, 57 N.H. 508; State v. Runnals, 49 N.H. 498; State v. Dolby, 49 N.H. 483; Perkins v. George, 45 N.H. 453. But the personal disqualification to act in a particular case, of a member of a tribunal having jurisdiction of the subject-matter, does not render the judgment in such case void. It is merely voidable — liable to be set aside upon appeal, writ of error, prohibition, or certiorari. For such error an appeal furnishes a complete remedy. Fowler v. Brooks, 64 N.H. 423, 424: Logue v. Clark, 62 N.H. 184; Perkins v. George, 45 N.H. 453, 454; Moses v. Julian, 45 N.H. 52, 54; Gorrill v. Whittier, 3 N.H. 265, 269; Van Fleet Col. At., s. 45. The original petition is not necessarily quashed for error in the proceedings before the appeal. The whole case as presented by the appeal is before the court; and if there are defects of form or substance they give the plaintiff no cause of complaint, the court to which he has appealed having jurisdiction of all matters in which there was error.