Attorney-General v. Taggart
Supreme Court of New Hampshire
Petition, for a mandamus against the president of the senate, filed in compliance with a request made by the governor in the folloAving letter: Antrim, Mar. 31, 1890. Daniel Barnard, Esq., Attorney-General: Dear Sir: Please take such steps as you think necessary to cause the president of the senate to exercise the powers of the office of governor during the vacancy caused by my illness.
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Petition, for a mandamus against the president of the senate, filed in compliance with a request made by the governor in the folloAving letter: Antrim, Mar. 31, 1890. Daniel Barnard, Esq., Attorney-General: Dear Sir: Please take such steps as you think necessary to cause the president of the senate to exercise the powers of the office of governor during the vacancy caused by my illness. I am not able to perform the duties of the office, and the public service should not suffer from my inability. Very truly yours, D. H. Goodell. [Copy of the Petition.] To the Supreme Court. Hillsborough, ss.…
1Opinion of the CourtDoe, C. J.
“Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which, by this constitution, the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor, he shall not hold his office in the senate.” Const., art. 49. From 1784 to 1792, the governor (then styled “ the president of the state of New Hampshire”) was president of the senate. Instead of his present power of…
2Cases cited18 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Decatur v. PauldingSupreme Court of the United States · 1840
- Secretary v. McGarrahanSupreme Court of the United States · 1870
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3Cited by13 opinions
- Thompson v. TalmadgeSupreme Court of Georgia · 1947
- State Ex Rel. Olson v. LangerNorth Dakota Supreme Court · 1934
- In Re MussmanSupreme Court of New Hampshire · 1972
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Brouillard v. Governor and CouncilSupreme Court of New Hampshire · 1974
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