Opinion of the Justices

Supreme Court of New Hampshire

Opinion of the Justices

62 N.H. 706, 1877 N.H. LEXIS 115

DecidedJuly 23, 1877

StatusPublished

This text of 62 N.H. 706 (Opinion of the Justices) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion of the Justices, 62 N.H. 706, 1877 N.H. LEXIS 115 (N.H. 1877).

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Opinion

Jonathan Smith, Esq.,

City Solicitor of Manchester:

The undersigned have received yours of the 6th inst. requesting the opinion of the supreme court on the question who has the power to appoint and remove members of the fire department of Manchester, and enclosing a copy of a vote of the mayor and aider-men of Manchester directing the city clerk through you to obtain our opinion on that subject.

By article 79 of the constitution, and s. 8 of c. 192 of the Gen. Sts., and by the principles of universal law, we are forbidden to give advice in matters that may come before us for decision. In article 74, the constitution makes an exception to the general rule; but this case does not come within that exception. We are required by the law not to comply with the request set forth in the resolution of the mayor and aldermen.

C. Doe. Wm. L. Foster. Geo. A. Bingham. W. H. H. Allen.

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Jonathan Smith, Esq.,

City Solicitor of Manchester:

The undersigned have received yours of the 6th inst. requesting the opinion of the supreme court on the question who has the power to appoint and remove members of the fire department of Manchester, and enclosing a copy of a vote of the mayor and aider-men of Manchester directing the city clerk through you to obtain our opinion on that subject.

By article 79 of the constitution, and s. 8 of c. 192 of the Gen. Sts., and by the principles of universal law, we are forbidden to give advice in matters that may come before us for decision. In article 74, the constitution makes an exception to the general rule; but this case does not come within that exception. We are required by the law not to comply with the request set forth in the resolution of the mayor and aldermen.

C. Doe. Wm. L. Foster. Geo. A. Bingham. W. H. H. Allen.

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Bluebook (online)

62 N.H. 706, 1877 N.H. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-of-the-justices-nh-1877.