Attorney-General Ex Rel. Kimball v. Newick
Supreme Court of New Hampshire
Information, in the nature of quo warranto, to determine the defendant’s title to the office of a member of the board of instruction of the city of Portsmouth.
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Information, in the nature of quo warranto, to determine the defendant’s title to the office of a member of the board of instruction of the city of Portsmouth. Transferred without a ruling from the April term, 1914, of the superior court by Pike, C. J. October 1, 1913, Joseph Foster, who had been elected a member-of the board of instruction for a term expiring January 1, 1915, resigned his office, and on October 16 the relatrix was elected by the city council to fill the vacancy. At the municipal election held in December, 1913, the defendant was chosen a member of the board to succeed Foster…
1Opinion of the CourtYoung, J.
The charter of Portsmouth provides for the election of a board of instruction by the electors, but makes no provision for filling vacancies in the board. Laws 1905, c. 212, s. 15. For many years previous to 1905, the members of the board were appointed and vacancies were filled by the board of aldermen (Laws 1877, c. 166, s. 1); and the relatrix contends that the provisions of the latter act are still in force in so far as filling vacancies is concerned. If that is true, it is difficult to understand how the relatrix benefits, for she was not appointed by the board of aldermen, but elected by…
2Cases cited1 opinion
- Attorney-General Ex Rel. Andrews v. RemickSupreme Court of New Hampshire · 1904