In re Howard
Superior Court of New Hampshire
Petition, for a highway in Chesterfield, in this county. At the September term of the court of common pleas, 1850, a report of the road commissioners was accepted, laying out the highway prayed for in the present petition, together with a continuation of the same road in the town of Swanzey.
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Petition, for a highway in Chesterfield, in this county. At the September term of the court of common pleas, 1850, a report of the road commissioners was accepted, laying out the highway prayed for in the present petition, together with a continuation of the same road in the town of Swanzey. At the March term, 1852, of the common pleas, a report of the to ad commissioners was accepted, discontinuing so much of said highway as was within the town of Chesterfield, proper proceedings in relation to such discontinuance having been had by the town. The petition in the present case was filed in the…
1Opinion of the CourtEastman, J.
By the general provisions of the statute, all petitions relating to highways, which are presented to the common pleas, are to be referred to the road commissioners, if no sufficient objection shall be made. Rev. Stat. eh. 50, § 4.
The court have, however, said that perhaps if the merits of a road petition had been repeatedly passed upon and examined, the court might, by analogy to proceedings in suits at law, exercise a legal discretion, and refuse to entertain it. Petition of Strafford, 14 N. H. Rep. 30.
The same suggestions were also made in Bath’s Petition, 2 Foster’s Rep. 576 ; and the…
2Cases cited1 opinion
- In re StraffordSuperior Court of New Hampshire · 1843