Cate v. Martin
Supreme Court of New Hampshire
Petition, for mandamus, filed at April term, 1899. Facts found by the trial court. John TV. Sanborn was declared elected an alderman of Ward 2 of the city of Concord, at tlie municipal election in November, 1898. His election was contested by tlie plaintiff, who claimed to be elected instead of Sanborn, and a hearing was had before the aldermanic board, January 81, 1899. At this hearing the following resolutions were adopted by a majority vote of the aldermen: Resolved, That…
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Petition, for mandamus, filed at April term, 1899. Facts found by the trial court. John TV. Sanborn was declared elected an alderman of Ward 2 of the city of Concord, at tlie municipal election in November, 1898. His election was contested by tlie plaintiff, who claimed to be elected instead of Sanborn, and a hearing was had before the aldermanic board, January 81, 1899. At this hearing the following resolutions were adopted by a majority vote of the aldermen: Resolved, That Ross W. Cate, having received a plurality of the votes cast for alderman in Ward 2 in said city, at an election held on…
1Opinion of the CourtBlodgett, C. J.
The statutory scope of the veto power conferred upon the mayors of cities in tins state is found in section 7, •chapter 47, of the Public Statutes, which provides that “ He shall have a negative upon the action of the aldermen in laying out highways, and in all other matters; and no vote can he passed or appointment made by the board of aldermen over bis veto, unless by a vote of two thirds, at least, of all the aldermen elected.”
While this sweeping language, standing alone and taken by itself, is apparently plain and explicit-, its interpretation, nevertheless,, does not depend upon any one…
2Cases cited7 opinions
- Mills v. GleasonWisconsin Supreme Court · 1860
- Jacobs v. Bd. of Supervisors of S.F.California Supreme Court · 1893
- State ex rel. Laughlin v. PorterIndiana Supreme Court · 1888
- Brown v. FosterSupreme Judicial Court of Maine · 1895
- People ex rel. Gaskill v. RansomNew York Supreme Court · 1869
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3Cited by10 opinions
- Longmire v. StateCourt of Criminal Appeals of Texas · 1914
- Nelson v. GassNorth Dakota Supreme Court · 1914
- Wagner v. State ex rel. WalkerIndiana Supreme Court · 1910
- Robinson v. HaysCourt of Appeals of Texas · 1933
- State Ex Rel. Wenzel v. MaySupreme Court of Minnesota · 1933
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