29 A.2d 119
No. 3347.Supreme Court of New Hampshire Hillsborough.
Decided October 6, 1942.
INFORMATION, in the nature of quo warranto. January 20, 1942, at a meeting of the board of mayor and aldermen of Manchester, the mayor, having at a previous meeting nominated the defendant Allard as city auditor, called for confirmation of the appointment. All fourteen members being present, voted as follows: seven for the defendant Allard and seven for the relator, the then incumbent in office. The mayor thereupon cast his vote for the defendant Allard and declared him elected. The question reserved is whether the mayor had the right to vote.
Transferred by Blandin, J., without ruling.
John J. Sheehan, by brief, for the relator.
Emile Lemelin, by brief, for the defendant Allard.
McLane, Davis Carleton (Mr. Carleton orally), for the mayor.
BURQUE, J.
This case is governed by Attorney-General v. Hunter, ante, 206 and Attorney-General v. Lemelin, ante, 522.
Information granted.
All concurred.