Hovey v. Perkins
Supreme Court of New Hampshire
Petition, by a mill-owner under the flowage act (ss. 15-19, e. 141, Gen. Laws). The petition, among other things, alleges, in substance, that the plaintiff has erected and maintained a mill, and has constructed a dam across the Suncook river in Pittsfield, at a cost of several thousand dollars, and intends erecting other works and mills at a great expense; that said dam is essential for the purpose of rendering the water-power of said river available for the use of such…
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Petition, by a mill-owner under the flowage act (ss. 15-19, e. 141, Gen. Laws). The petition, among other things, alleges, in substance, that the plaintiff has erected and maintained a mill, and has constructed a dam across the Suncook river in Pittsfield, at a cost of several thousand dollars, and intends erecting other works and mills at a great expense; that said dam is essential for the purpose of rendering the water-power of said river available for the use of such mills and works; that the construction and maintenance of said mills and dam, and the raising of water by means of said dam…
1Opinion of the CourtDoe, C. J.
The form of the petition is supported by precedent. Some of the cases in which it has been used, without the question of its sufficiency being raised, were strenuously contested. But if it is not a statement of a controversy that can be settled in a suit of this nature, or if on any point of the public claim presented by the plaintiff it does not contain such information as ■ he ought to give, mere precedent does not authorize an infringement of the defendant’s substantive or remedial right. The mill act requires “reasonable notice to all persons interested,” and provides a method, and a…
2Cases cited1 opinion
- Town v. FaulknerSupreme Court of New Hampshire · 1875