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Opinion of the Justices

Supreme Court of New Hampshire
Jul 23, 1877
62 N.H. 706 (N.H. 1877)

Opinion

Decided July 23, 1877.

The 74th article of the constitution does not authorize the mayor and aldermen of a city to require the opinions of the justices of the superior court.

July 23, 1877.


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 aldermen 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.


Summaries of

Opinion of the Justices

Supreme Court of New Hampshire
Jul 23, 1877
62 N.H. 706 (N.H. 1877)
Case details for

Opinion of the Justices

Case Details

Full title:OPINION OF THE JUSTICES

Court:Supreme Court of New Hampshire

Date published: Jul 23, 1877

Citations

62 N.H. 706 (N.H. 1877)