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GRINNELL v. STATE

No. 81-135

121 N.H. 823 (1981)

GEORGE H. GRINNELL v. THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

September 28, 1981

Attorney(s) appearing for the Case

Grinnell & Bureau, of Derry (George H. Grinnell on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Betsy Westgate on the brief and orally), for the State.

DOUGLAS, J.

Part 2, article 78 of the New Hampshire Constitution provides that "[n]o person shall hold the office of judge of any court . . . after he has attained the age of seventy years." N.H CONST pt. 2, art. 78. When he reached age seventy on December 31, 1980, the plaintiff was required to vacate his office as Justice of the Derry District Court, where he had served since 1951. He filed a petition for declaratory judgment...

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