Attorney-General Ex Rel. Morgan v. Hayes
Supreme Court of New Hampshire
Petition for mandamus, to require the board of public works of the city of Manchester to recognize the relator as a duly elected member thereof. Transferred without a ruling from the May term, 1914, of the superior court by Pike, C. J., upon an agreed statement of facts.
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Petition for mandamus, to require the board of public works of the city of Manchester to recognize the relator as a duly elected member thereof. Transferred without a ruling from the May term, 1914, of the superior court by Pike, C. J., upon an agreed statement of facts. Chapter 359, Laws 1911, created a board of public works for the city of Manchester and provided that upon the expiration of the terms of office of the members named in the act their successors should be elected by the board of mayor and aldermen for six years. At a meeting of the board of mayor and aldermen held April 21,…
1Opinion of the CourtPlummer, J.
The members of the board of public works in the city of Manchester, except the mayor, who is a member by virtue of his office, are elected by the board of mayor and aldermen. Laws 1911, c. 359, s. 2. Section 7, chapter 47, Public Statutes, provides that the mayor “ shall have a negative upon the action of the aider-men 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 veto unless by a vote of two thirds at least of all the aider-men elected.”
A statute is ordinarily construed according to the plain and natural…
2Cases cited2 opinions
- People ex rel. Churchyard v. Board of Councilmen of BuffaloThe Superior Court of the City of New York and Buffalo · 1892
- Achley's CaseNew York Supreme Court · 1856
3Cited by3 opinions
- Floyd v. VerretteSupreme Court of New Hampshire · 1919
- Attorney-General Ex Rel. Quinn v. HunterSupreme Court of New Hampshire · 1942
- Wellman v. ReillySupreme Court of New Hampshire · 1924