Legal Opinion

Attorney-General Ex Rel. Highway Agents v. Brooks

Supreme Court of New Hampshire

Decided February 1, 1921PublishedCited by 3 opinions

Quo Warranto, at the relation of the highway agents of Easton against the defendant appointed by the selectmen of Easton, with the consent and approval of the state highway commissioner, to take charge of and to do the work of improving and maintaining certain state aided highways in the town. The parties agree to any change in the form of action which may be necessary.

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Quo Warranto, at the relation of the highway agents of Easton against the defendant appointed by the selectmen of Easton, with the consent and approval of the state highway commissioner, to take charge of and to do the work of improving and maintaining certain state aided highways in the town. The parties agree to any change in the form of action which may be necessary. The court ruled that the defendant’s appointment was valid and dismissed the petition, subject to exception by the plaintiff. Transferred from the September term, 1920, of the superior court by Allen, J.

1Opinion of the CourtParsons, C. J.

Chapter 29, Laws 1893, abolished the existing subdivision of towns into highway districts and made the town the unit for the performance of the highway constructing and maintaining duty imposed upon the town. In place of highway surveyors, highway agents elected by the town were provided. In case of a failure to elect by the town or of a vacancy in the office, the selectmen were authorized to appoint, but no person could at the same time hold the offices of highway agent and selectman. Ib., ss. 4, 5. Section 3 of the act which provided for the election of such officers and defined their…

2Cases cited6 opinions

  1. O'Brien v. DerrySupreme Court of New Hampshire · 1905
  2. Robertson v. MonroeSupreme Court of New Hampshire · 1920
  3. Grace v. BelmontSupreme Court of New Hampshire · 1916
  4. Tilton v. SanborntonSupreme Court of New Hampshire · 1917
  5. Kelsea v. StratfordSupreme Court of New Hampshire · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Town of Nelson v. New Hampshire Department of TransportationSupreme Court of New Hampshire · 2001
  2. Laconia v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
  3. Grimes v. KeenanSupreme Court of New Hampshire · 1936

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