Meehan v. Bachelder
Supreme Court of New Hampshire
Petition, for leave to file an information in the nature of a quo warranto. The petition alleges, among other things, that the plaintiff is a citizen of this state; that the defendant is the governor, and in addition to the office of governor, and in disregard of the constitution (art. 92) and laws of the state (P. S., a. 12, ss. 1, 2, 8), holds and enjoys the office of secretary of the state board of agriculture; and that the attorney-general, though requested, has declined…
Read the full summary
Petition, for leave to file an information in the nature of a quo warranto. The petition alleges, among other things, that the plaintiff is a citizen of this state; that the defendant is the governor, and in addition to the office of governor, and in disregard of the constitution (art. 92) and laws of the state (P. S., a. 12, ss. 1, 2, 8), holds and enjoys the office of secretary of the state board of agriculture; and that the attorney-general, though requested, has declined to proceed against the defendant to test his right to the office of secretary. The prayer of the petition is that the…
1Opinion of the Court
Bingham. J.
This proceeding is a petition by a citizen of the state for leave to file an information in the nature of a quo ivarranto, to test the defendant’s right to h'oLd the office of secretary of the state board of agriculture during tbe term for which he was cbosen governor.
At common law, a quo warranto information is a proper proceeding to try tbe title to a public office. Haupt v. Rogers, 170 Mass. 71, 74; Attorney-General v. Drohan, 169 Mass. 584. Tbe grounds upon which the defendant’s motion to dismiss is based presuppose tlm the office in question is a public office, and that the…
2Cases cited11 opinions
- State v. GleasonSupreme Court of Florida · 1868
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
- State ex rel. Lloyd v. ElliottUtah Supreme Court · 1896
- Everding v. McGinnOregon Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Webb v. CianciSupreme Court of Rhode Island · 1991
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- Fargnoli v. CianciSupreme Court of Rhode Island · 1979
- Violet v. VoccolaSupreme Court of Rhode Island · 1985
- Attorney General ex rel. Chamberlin v. NadeauSupreme Court of New Hampshire · 1970
4 more not listed; retrieve them via the Exa API.