Attorney-General Ex Rel. Andrews v. Remick
Supreme Court of New Hampshire
The defendant was duly elected city clerk on the third Tuesday of March, 1903, and having qualified therefor, entered upon the performance of the duties of the office. On the third Tuesday of March, 1904, the city council failed to elect a city cleric to succeed the defendant. At a regular meeting of the council held March 22, 1904, it was voted to proceed to elect a city clerk. The mayor vetoed the vote, and no further action "was taken in regard to the matter at that time.
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The defendant was duly elected city clerk on the third Tuesday of March, 1903, and having qualified therefor, entered upon the performance of the duties of the office. On the third Tuesday of March, 1904, the city council failed to elect a city cleric to succeed the defendant. At a regular meeting of the council held March 22, 1904, it was voted to proceed to elect a city clerk. The mayor vetoed the vote, and no further action "was taken in regard to the matter at that time. The meeting adjourned to March 25, when the same vote was passed and vetoed by the mayor. After a motion to adjourn was…
1Opinion of the CourtWalker, J.
One oí tbe powers conferred upon the mayor by the charter of the city of Sornersworth is that of presiding “ in the meetings of the city council.” Laws 1901, a. 209, s. 1. The nature and extent of his authority as the presiding officer of the council, in the absence of rules of procedure adopted by the council and of statutory provisions upon the subject, can only be determined by such principles of parliamentary usage as have been generally adopted or observed in deliberative assemblies, and which are reasonably essential to the due execution of the legitimate business of the council. Hiss…
2Cases cited9 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- Page v. HardinCourt of Appeals of Kentucky · 1848
- People v. TiltonCalifornia Supreme Court · 1869
- State ex rel. Attorney General v. SeaySupreme Court of Missouri · 1876
- Williams v. City of GloucesterMassachusetts Supreme Judicial Court · 1889
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3Cited by4 opinions
- Jack v. TorrantSupreme Court of Connecticut · 1950
- State v. DominicSupreme Court of New Hampshire · 1977
- Toupin v. MarceauSupreme Court of Rhode Island · 1935
- Attorney-General Ex Rel. Kimball v. NewickSupreme Court of New Hampshire · 1914