Storer Post, No. 1, Grand Army of the Republic v. Page

Supreme Court of New Hampshire

Storer Post, No. 1, Grand Army of the Republic v. Page

47 A. 264, 70 N.H. 280

CourtSupreme Court of New Hampshire

DecidedJune 5, 1900

StatusPublished

Cited by1 cases

This text of 47 A. 264 (Storer Post, No. 1, Grand Army of the Republic v. Page) 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

Storer Post, No. 1, Grand Army of the Republic v. Page, 47 A. 264, 70 N.H. 280 (N.H. 1900).

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Opinion

Chase, J.

Mandamus is “ an extraordinary remedy granted only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief.” State v. Railroad, 62 N. H. 29, 34. This is not such a case. If the plaintiffs are entitled to the appropriation, they can recover it in an action of assumpsit against the city. Hillsborough County v. Londonderry, 43 N. H. 451; Jones v. Chester, 67 N. H. 191.

Exception overruled.

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

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Chase, J.

Mandamus is “ an extraordinary remedy granted only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief.” State v. Railroad, 62 N. H. 29, 34. This is not such a case. If the plaintiffs are entitled to the appropriation, they can recover it in an action of assumpsit against the city. Hillsborough County v. Londonderry, 43 N. H. 451; Jones v. Chester, 67 N. H. 191.

Exception overruled.

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

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Bluebook (online)

47 A. 264, 70 N.H. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storer-post-no-1-grand-army-of-the-republic-v-page-nh-1900.

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