BROWN v. LAMPREY

No. 5329.

106 N.H. 121 (1965)

J. WILLCOX BROWN v. STEWART LAMPREY & a.

Supreme Court of New Hampshire.

Decided January 27, 1965.


Attorney(s) appearing for the Case

J. Willcox Brown, pro se, orally.

John C. Driscoll (by brief and orally), as amicus curiae, in support of the bill.

Wilfred L. Sanders, Jr. (by brief and orally), for Robert F. Preston, and as amicus curiae, in support of the bill.

Eugene C. Struckhoff (by brief and orally), as amicus curiae, in support of the bill.

Alfred Catalfo (by brief) as amicus curiae, in support of the bill.

Charles V. Spanos, as amicus curiae, in support of the bill, filed no brief.

Upton, Sanders & Upton (Mr. Richard F. Upton by brief and orally), for the defendant Lamprey and for James A. Saggiotes.

William Maynard, Attorney General, pro se, and Peter W. Smith (by brief).

William R. Johnson, pro se, filed no brief.

Arthur G. Marx, counsel for the Senate, filed no brief.


DUNCAN, J.

The motions of the defendants Lamprey and Maynard that the action brought by the plaintiff Brown be dismissed upon the ground that this court is without jurisdiction to review the judgments of the Senate in determining the elections, returns, and qualifications of its members, present the fundamental issue in this case. Other grounds advanced for dismissal, some of which arise out of the assertion that this is in the nature of a proceeding to try title...

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