Legal Opinion

Pollard v. Gregg

Supreme Court of New Hampshire

Decided March 3, 1914PublishedCited by 9 opinions

Petition, for a writ of certiorari. Trial by the court. Transferred from the September term, 1913, of the superior court by Kivel, J. The defendants are the police commissioners of the city of Nashua, appointed under chapter 148, Laws 1913. The plaintiffs are the police officers of the city appointed by the board of police commissioners who preceded the defendants in office.

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Petition, for a writ of certiorari. Trial by the court. Transferred from the September term, 1913, of the superior court by Kivel, J. The defendants are the police commissioners of the city of Nashua, appointed under chapter 148, Laws 1913. The plaintiffs are the police officers of the city appointed by the board of police commissioners who preceded the defendants in office. The defendants assumed the duties of their office on September 1, 1913, and at once notified the plaintiffs that they would not be reappointed and ordered them to leave at headquarters all the property they had belonging…

1Opinion of the CourtWalker, J.

The plaintiffs’ first position is that the statute under which the defendants seek to justify their acts (Laws 1913, c. 148) is of no validity for the alleged reason that it was not legally or constitutionally enacted. It is insisted that the requisite quorum was not present in the house of representatives when the vote was taken upon the question of its passage. It appears that 405 representatives were elected, and no question is made that that was the number of members of which the house might be composed under the law. It further appears, and is conceded, that one of the men elected died…

2Cases cited2 opinions

  1. United States v. BallinSupreme Court of the United States · 1892
  2. Zickler v. Union Bank & Trust Co.Tennessee Supreme Court · 1900

3Cited by9 opinions

  1. In Re Juvenile 2005-212Supreme Court of New Hampshire · 2007
  2. Warburton v. ThomasSupreme Court of New Hampshire · 1992
  3. Treisman v. Town of BedfordSupreme Court of New Hampshire · 1989
  4. Bezio v. NevilleSupreme Court of New Hampshire · 1973
  5. Opinion of the JusticesSupreme Court of New Hampshire · 1975

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