Broderick v. Hunt
Supreme Court of New Hampshire
Petition, for correction of errors alleged to have been committed by the board of aldermen of Nashua in hearing and deciding the plaintiff’s petition to be declared the duly elected alderman from Ward 5, in place of Joseph H. Crompton, the sitting member.
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Petition, for correction of errors alleged to have been committed by the board of aldermen of Nashua in hearing and deciding the plaintiff’s petition to be declared the duly elected alderman from Ward 5, in place of Joseph H. Crompton, the sitting member. Transferred from the January term, 1913, of the superior court by Chamberlin, J. The petition to the aldermen was referred to a committee of three, two of whom reported that each contestant had eighty-four votes on the first' ballot and that twenty-eight ballots were defective, and recommended that the petition be dismissed. The minority…
1Opinion of the CourtPeaslee, J.
The defendants’ claim that the court has no jurisdiction because the board has not acted cannot be sustained. Half of the board have refused to seat the plaintiff. This action is as effective a denial of his alleged right as a unanimous vote of the board would be. The question presented here is whether the action taken is legal. More than this, if it is true that the board has not acted when as matter of law it must act, an order to that effect can be made. Relief either by way of declaring the plaintiff elected or compelling the board .to act upon the subject could be granted. Sheehan v.…
2Cases cited2 opinions
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3Cited by10 opinions
- Pappas v. City of Manchester Zoning Board of AdjustmentSupreme Court of New Hampshire · 1977
- Trustees of Lexington Realty Trust v. City of ConcordSupreme Court of New Hampshire · 1975
- Price v. Planning BoardSupreme Court of New Hampshire · 1980
- Aetna Casualty & Surety Co. v. SullivanSupreme Court of New Hampshire · 1928
- Appeal of McDonoughSupreme Court of New Hampshire · 2003
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