Cited by

Claremont (Motion for Extension of Deadlines), 143 N.H. at 158 (quoting Cooper v. Aaron, 358 U.S. 1, 7 (1958)); see also Brouillard v. Governor and Council, 114 N.H. 541, 544 (1974) (“When the law is settled it will be obeyed.” (quotation omitted)).

Brouillard v. Governor and Council, 114 N.H. 541, 544 (1974) (“When the law is settled it will be obeyed.”).

Our decision in Brouillard v. Governor and Council, 114 N.H. 541 (1974), is instructive.

Brouillard v. Governor and Council, 114 N.H. 541, 547 (1974) (where statute called for appointment of official by governor and council, “[i]n accordance with RSA 21:31-a the sole power of appointment lies with the Governor subject to the consent of the council” (quotation omitted)); cf. Opinion of the Justices, 340 A.2d 25,30 (Me. 1975) (noting that under statute ca

Where a plaintiff has made a showing that the issues raised express a genuine controversy with the defendant, see Hermer v. Dover, 105 N.H. 108, 110, 192 A.2d 624, 625-26 (1963), as is the case here, we have traditionally regarded ill-pleaded requests for mandamus as petitions for declaratory judgment under RSA 491:22, see Brouillard v. Governor and Council, 114 N.H. 541, 545, 323 A.2d 901, 904 (1974); see also Boehner v. State, 122, N.H. 79, 83, 441 A.2d 1146, *748 1148 (1982) (declaratory judg

Guarracino v. Beaudry, 118 N.H. 435, 437-38, 387 A.2d 1163, 1165 (1978); Brouillard v. Governor and Council, 114 N.H. 541, 542-44, 323 A.2d 901, 903-04 (1974).

We need not answer this question because we assume that “[w]hen the law is settled it will be obeyed.” Brouillard v. Governor and Council, 114 N.H. 541, 544, 323 A.2d 901, 903 (1974) (citations omitted); see New Hampshire-Vermont Health Service v. Commissioner of Insurance, 122 N.H. 268, 276, 444 A.2d 508, 512 (1982).

We find it unnecessary to issue a writ of mandamus against a State officer, the commissioner of insurance in this case, because “[w]hen the law is settled it will be obeyed.” Brouillard v. Governor and Council, 114 N.H. 541, 544, 323 A.2d 901, 903 (1974) (citations omitted).

Brouillard v. Governor and Council, 114 N.H. 541, 545, 323 A.2d 901, 904 (1974).

RSA 490:4 (Supp. 1977); see Brouillard v. Governor and Council, 114 N.H. 541 323 A.2d 901 (1974).

II, Art. 5th.” Brouillard v. Governor and Council, 114 N.H. 541, 547, 323 A.2d 901, 905 (1974).

This decision merely reaffirmed this court’s earlier decision in Brouillard v. Governor and Council, 114 N.H. 541, 547, 323 A.2d 901, 905 (1974), that said judicial officers “must be appointed by the Governor and Council and no change can be made in that method of selection” (emphasis added).

II, art. 41; Opinion of the Justices, 114 N.H. 165, 316 A.2d 174 (1974); Brouillard v. Governor, 114 N.H. 541, 323 A.2d 901 (1974).