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

47 A. 264 | N.H. | 1900

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.