Tappan v. Shaw

The issue in this case is whether a school teacher employed by the School District of Rochester is disqualified by RSA 48:1 to hold office as a city councilman.

In their answer to plaintiff’s petition for declaratory judgment the defendants sought a temporary restraining order to prevent plaintiff from acting in council matters. After hearing, the request for injunction was denied on the ground that since RSA 46:3 makes the council the final judge of the election and qualifications of its own members the court was without jurisdiction. Defendant excepted and the questions of law raised by this…