Attorney-General Ex Rel. Moussette v. Cross
Supreme Court of New Hampshire
Informations, in the nature of quo warranto, to determine the title of the defendant to the office of overseer of the poor of Nashua. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J., on an agreed statement of facts. In January, 1909, the board of mayor and aldermen proceeded to the election of an overseer of the poor for the ensuing year. Hive aldermen voted for the relator, and four aldermen and the mayor voted for the defendant.
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Informations, in the nature of quo warranto, to determine the title of the defendant to the office of overseer of the poor of Nashua. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J., on an agreed statement of facts. In January, 1909, the board of mayor and aldermen proceeded to the election of an overseer of the poor for the ensuing year. Hive aldermen voted for the relator, and four aldermen and the mayor voted for the defendant. The mayor thereupon declared the vote a tie, and the defendant, who had been chosen to the office for the year 1908,…
1Opinion of the CourtYoung, J.
Prior to 1898 the overseers of the poor of Nashua were elected by the people (Laws 1878, c. 165, s. 2) ; but in that year it was enacted that “ the board of mayor and aldermen of said city, on the first day of January, 1894, and annually thereafter, shall elect by ballot and by major vote one person to be overseer of the poor.” Laws 1893, c. 285, s. 5. The Public Statutes (c. 47, s. 7) provide that the mayor “ shall have a negative upon the action of the aldermen in laying out highways and in all other matters ; and no vote can be passed or appointment made by the board of aldermen over his…
2Cases cited1 opinion
- Cate v. MartinSupreme Court of New Hampshire · 1899
3Cited by3 opinions
- Brouillard v. Governor and CouncilSupreme Court of New Hampshire · 1974
- Attorney-General Ex Rel. Quinn v. HunterSupreme Court of New Hampshire · 1942
- Attorney-General Ex Rel. Quinn v. HunterSupreme Court of New Hampshire · 1942