Legal Opinion
Tirrell v. Johnston
Supreme Court of New Hampshire
Decided March 6, 1934PublishedCited by 25 opinions
1Opinion of the CourtPeaslee, C. J.
The procedural question raised by doubts as to the availability of the equitable remedy by injunction need not be considered. If that remedy is not available, the case is clearly one where proceedings under the declaratory judgment act (Laws 1929, c. 86) may be taken. Burghes v. Attorney-General, [1911] 1 K. B. 139, quoted with approval in Faulkner v. Keene, 85 N. H. 147, 154.
It was agreed at the argument that there will be no occasion for the issuance of an injunction in any event. When the law is settled it will be obeyed. It is therefore immaterial whether the proper proceeding is an…
2Cases cited27 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Sproles v. BinfordSupreme Court of the United States · 1932
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- Hendrick v. MarylandSupreme Court of the United States · 1915
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Liberty Mutual Insurance v. JonesSupreme Court of Missouri · 1939
- O'NEIL v. ThomsonSupreme Court of New Hampshire · 1974
- Department of Financial Institutions v. General Finance Corp.Indiana Supreme Court · 1949
- Opinion of the JusticesSupreme Court of New Hampshire · 1937
- State Ex Rel. Goshen Irrigation District v. HuntWyoming Supreme Court · 1936
20 more not listed; retrieve them via the Exa API.