State v. Demerritt

Supreme Court of New Hampshire

State v. Demerritt

8 A. 826, 64 N.H. 313

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1886

StatusPublished

Cited by1 cases

This text of 8 A. 826 (State v. Demerritt) 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.

Bluebook

State v. Demerritt, 8 A. 826, 64 N.H. 313 (N.H. 1886).

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Opinion

Clark, J.

The indictment does not allege that a warrant was issued by the prudential committee for the annual meeting, or given to the clerk to be recorded (G. L., c. 87, s. 5), nor does it in any way allege that the meeting was legally called or duly held. State v. Marshall, 45 N. H. 281. The clerk had no official duty to perform in connection with the meeting, unless is was a lawful one. Bish. St. Cr„ ss. 832, 838.

Demurrer sustained.

Allen, J., did not sit: the others concurred.

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Clark, J.

The indictment does not allege that a warrant was issued by the prudential committee for the annual meeting, or given to the clerk to be recorded (G. L., c. 87, s. 5), nor does it in any way allege that the meeting was legally called or duly held. State v. Marshall, 45 N. H. 281. The clerk had no official duty to perform in connection with the meeting, unless is was a lawful one. Bish. St. Cr„ ss. 832, 838.

Demurrer sustained.

Allen, J., did not sit: the others concurred.

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Bluebook (online)

8 A. 826, 64 N.H. 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-demerritt-nh-1886.

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