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This is not a proper proceeding to determine Hanson's right to the office in question. It should have been an information in the nature of quo warranto, or a petition therefor brought in the name of the attorney-general as representative of the state. Osgood v. Jones,
60 N.H. 543 . As Hanson is an officer de facto, at least (Jewell v. Gilbert,64 N.H. 13 ), it does not appear that there is any occasion for a mandamus to fill the office by a new appointment and incidentally fix the appointee's compensation.Petition dismissed.
CARPENTER, J., did not sit: the others concurred.
Document Info
Citation Numbers: 29 A. 461, 67 N.H. 203
Judges: CHASE, J.
Filed Date: 6/5/1892
Precedential Status: Precedential
Modified Date: 1/12/2023