Attorney-General v. Shepard
Supreme Court of New Hampshire
Quo Warranto, against Emory N. Shepard, Oliver Pillsbury, and John O. Thorne, to test the validity of their election as aider-men by the fourth ward of Concord. Facts agreed. The charter of Concord, adopted by tlie inhabitants March 10, 1853, divided the city into seven wards, and provided that each ward should choose one alderman, and that a majority of the board should constitute a quorum for the transaction of business.
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Quo Warranto, against Emory N. Shepard, Oliver Pillsbury, and John O. Thorne, to test the validity of their election as aider-men by the fourth ward of Concord. Facts agreed. The charter of Concord, adopted by tlie inhabitants March 10, 1853, divided the city into seven wards, and provided that each ward should choose one alderman, and that a majority of the board should constitute a quorum for the transaction of business. Laws 1849, c. 835, ss. 2, 3, 7, 30. An amendment of the charter provided tliat each ward should choose “as many aldermen as that ward is entitled to representatives to the…
1Opinion of the CourtDob, C. J.
The amendment of the city charter was a local legislative question that could be submitted by the senate and house, either to the people of Concord, or to the city council elected by the people as their representatives for the general purpose of exercising such powers of local legislation and administration as may be delegated to municipalities. State v. Hayes, 61 N. H. 264, 319; C. B. Co. v. Lowell, 15 Gray 106, 116; Stone v. Charlestown, 114 Mass. 214, 222; B. P. Church v. New York, 5 Cow. 538, 540, 541; Perry v. Keene, 58 N. H. 40; Kelley v. Kennard, 60 N. H. 1, 3, 6. And the rejection of…
2Cases cited3 opinions
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Frost v. HoarSupreme Court of New Hampshire · 1932
- State Ex Rel. Kenney v. RanslowConnecticut Superior Court · 1959
- Bezio v. NevilleSupreme Court of New Hampshire · 1973
- Attorney-General Ex Rel. Doe v. RemickSupreme Court of New Hampshire · 1902
- Meixell v. Hellertown Borough CouncilSupreme Court of Pennsylvania · 1952