Gurnsey v. Edwards
Superior Court of New Hampshire
Trespass, for breaking and entering the close of the plaintiff, situated in Keene, and subverting and carrying away the soil, on the 19th day of May, 1851. The defendants pleaded the general issue, with a justifi■cation, that there was a public highway in Keene, called High street, leading from Washington to Court street, part of which was through the plaintiff’s land ; that the selectmen of Keene, having limited the highway districts, on the 30th of April, delivered a…
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Trespass, for breaking and entering the close of the plaintiff, situated in Keene, and subverting and carrying away the soil, on the 19th day of May, 1851. The defendants pleaded the general issue, with a justifi■cation, that there was a public highway in Keene, called High street, leading from Washington to Court street, part of which was through the plaintiff’s land ; that the selectmen of Keene, having limited the highway districts, on the 30th of April, delivered a warrant to Edwards, who was surveyor of the district in which High street was included, that being the place where the…
1Opinion of the CourtEastman, J.
It must be regarded as settled in this State that the laying out of highways upon inducements or considerations other than the public good, is illegal. Dudley v. Cilley, 5 N. H. Rep. 558; Dudley v. Butler, 10 N. H. Rep, 281; Third Turnpike Co. v. Champney, 2 N. H. Rep. 199; Knowles' Petition, 2 Foster’s Rep. 361; Goodwin v. Milton,. 5 Foster’s Rep. 458.
It is also a general principle that where there is no provision of law by which the proceedings of an inferior court, or other tribunal, possessing only limited and qualified powers, may be reexamined or reviewed, their doings may be enquired…
2Cases cited5 opinions
- Dudley v. CilleySuperior Court of New Hampshire · 1832
- Gear v. SmithSuperior Court of New Hampshire · 1837
- Parish v. GilmantonSuperior Court of New Hampshire · 1840
- Robbins v. Town of BridgewaterSuperior Court of New Hampshire · 1834
- Proprietors of the Third Turnpike Road v. ChampneySuperior Court of New Hampshire · 1820
3Cited by1 opinion
- Williams v. BabcockSupreme Court of New Hampshire · 1976