Hynes v. Hale, 146 N.H. 533 (2001)

Citation: Hynes v. Hale, 146 N.H. 533 (2001)
Parent Document: Hynes v. Hale, 146 N.H. 533 (2001)
Jurisdiction: New Hampshire (state)
Effective Date: 2001-06-22
Original Source: https://www.courtlistener.com/opinion/8092344/hynes-v-hale/ ↗

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Hynes also relies upon Opinion of the Justices, 87 N.H. 492 (1935). At issue in Opinion of the Justices was proposed legislation that would have created a commission to adjudicate motor vehicle accident disputes. Id. at 492-93. We held that the proposed bill was invalid because it authorized an executive agency to adjudicate private litigation unrelated to protection of a public interest. Id. at 495-96. We noted that “when an executive board has regulatory functions, it may hear and determine controversies which are *538incidental thereto, but if the duty is primarily to decide questions of legal right between private parties, the function belongs to the judiciary.” Id. at 493.

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