Legal Opinion

State v. Gilmanton

Superior Court of New Hampshire

Decided December 15, 1843PublishedCited by 2 opinions

Indictment, for not keeping a road in repair. It appeared in evidence that prior to the year 1834, a bridge, 37 rods long, was built by private subscription, connecting the towns of Gilmanton and Sanbornton, across the waters which lie helow Meredith Bridge, between that and Union Bridge, and which are formed by the river running from Winnipiseogee lake into said waters, and by other smaller streams from other directions.

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Indictment, for not keeping a road in repair. It appeared in evidence that prior to the year 1834, a bridge, 37 rods long, was built by private subscription, connecting the towns of Gilmanton and Sanbornton, across the waters which lie helow Meredith Bridge, between that and Union Bridge, and which are formed by the river running from Winnipiseogee lake into said waters, and by other smaller streams from other directions. The water where the bridge stands is from five to twenty-seven feet deep. ■ In the year 1834, a report from a committee appointed by the court of common pleas was- accepted,…

1Opinion of the CourtGilchrist, J.

The case finds that in the year 1834, a committee appointed by the court of common pleas, made a report in favor of laying out a road from a certain point in the town of Gilmanton, to “the Bay meeting-house” in Sanbornton. This report was accepted by the court. The town now excepts to the competency of the report as evidence on the trial of this indictment, on account of certain alleged variances between the petition for the road and the report.

When a report is presented to the court of common pleas for acceptance, the judgment of the court is, either that it be accepted and the road…

2Cases cited5 opinions

  1. Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Shaw v. CrawfordNew York Supreme Court · 1813
  3. State v. GilmantonSuperior Court of New Hampshire · 1838
  4. Hopkins v. CrombieSuperior Court of New Hampshire · 1829
  5. Scott v. WillsonSuperior Court of New Hampshire · 1825

3Cited by2 opinions

  1. Lake Sunapee Protective Ass'n v. New Hampshire Wetlands BoardSupreme Court of New Hampshire · 1990
  2. State v. CanterburySuperior Court of New Hampshire · 1854

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