Supreme Court of New Hampshire, 1900

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

Storer Post, No. 1, Grand Army of the Republic v. Page
Supreme Court of New Hampshire · Decided June 5, 1900 · Chase, Young
47 A. 264; 70 N.H. 280

Counsel

Samuel W. Emery, for the plaintiffs., Calvin Page, pro se.

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

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.