Hett v. Portsmouth
Supreme Court of New Hampshire
Bill in Equity, praying that the passage of a certain joint resolution by the city councils of Portsmouth be declared, null and void, that a contract between the city and the Barber Asphalt Paving Company be cancelled, and that any action under the contract be enjoined. The plaintiffs are taxpayers in Portsmouth, and the defendants are the city, the Barber Asphalt Paving Company, and the members of a committee of the city councils.
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Bill in Equity, praying that the passage of a certain joint resolution by the city councils of Portsmouth be declared, null and void, that a contract between the city and the Barber Asphalt Paving Company be cancelled, and that any action under the contract be enjoined. The plaintiffs are taxpayers in Portsmouth, and the defendants are the city, the Barber Asphalt Paving Company, and the members of a committee of the city councils. Facts found, and case transferred from the January term, 1905, of the superior court, by Wallace, C. J. In 1903, a committee appointed by the city to investigate…
1Opinion of the CourtWalker, J.
The city councils by concurrent vote regularly appropriated a sum of money for “permanent street improvements.” It is claimed that this object is so indefinite as to amount to an attempted delegation of legislative power to the executive officers whose duty it might be to expend the money. If it is conceded that the expression, standing alone, and unexplained or unlimited by extraneous evidence, might include a great variety of public highway enterprises, the kind, locality, and extent of which would require the exercise of that degree of deliberation and judgment which is vested in the…
2Cases cited1 opinion
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
3Cited by8 opinions
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- Alsmeier v. AdamsIndiana Court of Appeals · 1914
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- Calmenson Clothing Co. v. KrugerSouth Dakota Supreme Court · 1938
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