Attorney-General v. Burnham
Supreme Court of New Hampshire
Information, in the nature of a quo warranto, praying for due process of law against William D. Burnham, to answer by what warrant he claims to exercise and enjoy the office of prudential committee in school-district number five in Epping. The following facts were alleged: The respondent has, since the second day of March, 1882, used and exercised, and still continues to use and exercise, the office aforesaid, without warrant or lawful authority therefor.
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Information, in the nature of a quo warranto, praying for due process of law against William D. Burnham, to answer by what warrant he claims to exercise and enjoy the office of prudential committee in school-district number five in Epping. The following facts were alleged: The respondent has, since the second day of March, 1882, used and exercised, and still continues to use and exercise, the office aforesaid, without warrant or lawful authority therefor. He claims to hold the office by virtue of an election purporting by the records of the district to have been held at the old school-house…
1Opinion of the CourtSmith, J.
As tbe allegations of tbe information, which are well pleaded, are admitted by the demurrer, if the question were whether the meeting of March 2, 1882, was a legal meeting, it would be answered in the negative. A meeting held under a warrant posted at a place other than that designated by statute, or fraudulently removed when posted, for the purpose of preventing the. voters from becoming informed of the time and place of meeting. is in effect a meeting without warrant or authority. The voters are prevented from exercising their statutory right of electing their officers and managing their…
2Cases cited1 opinion
- Smoot v. SomervilleCourt of Appeals of Maryland · 1882
3Cited by3 opinions
- Andersen v. SundlunSupreme Court of Rhode Island · 1993
- Opinion of the JusticesSupreme Court of New Hampshire · 1972
- State Ex Rel. Wood v. HadleySupreme Court of New Hampshire · 1887