Governor & Council v. Morey
Supreme Court of New Hampshire
Petition, by the governor and council on behalf of the state, alleging that in the year 1911, proceeding under the provisions of the act providing for the acquisition of Crawford Notch by the state (Laws.1911, c. 130), the then governor and council caused a survey of the locus to be made and filed in the office of the secretary of state, and applied to the court for the appointment of commissioners to assess the damage to the owners; that a commission was appointed, heard…
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Petition, by the governor and council on behalf of the state, alleging that in the year 1911, proceeding under the provisions of the act providing for the acquisition of Crawford Notch by the state (Laws.1911, c. 130), the then governor and council caused a survey of the locus to be made and filed in the office of the secretary of state, and applied to the court for the appointment of commissioners to assess the damage to the owners; that a commission was appointed, heard all parties known or understood to be interested in the premises, and filed an award with the secretary of state; that…
1Opinion of the CourtPeaslee, J.
The petitioners assume that the proceedings taken under the former application are defective, so that there is occasion for further action, in order that the state’s rights and obligations may be fully determined.
The jurisdiction of the court to now take any action whatever in the matter has been brought in question. It is argued that the appointment of the commission was a purely ministerial act, and that therefore the appointment of one commission exhausted all the power conferred upon the court by the special statute. Laws 1911, c. 130. It is not probable that the legislature intended to…
2Cases cited2 opinions
- Petition of the Milford & Manchester RailroadSupreme Court of New Hampshire · 1896
- Carpenter's PetitionSupreme Court of New Hampshire · 1893
3Cited by3 opinions
- Lewellyn v. FollansbeeSupreme Court of New Hampshire · 1946
- United Life & Accident Insurance v. North Atlantic Securities Corp.Supreme Court of New Hampshire · 1926
- Worthen v. KingsburySupreme Court of New Hampshire · 1930