Baker v. Shephard
Superior Court of New Hampshire
In this case the parties agree as follows in regard to the timber which is the subject of this action: The timber was taken within the limits of a highway, duly laid out by the town of Holderness, over lands of the plaintiff and others, adjacent thereto, if the officers of said town were duly elected and authorized for that purpose. Previous to the taking, the damages awarded were duly'tendered by the town to the plaintiff.
Read the full summary
In this case the parties agree as follows in regard to the timber which is the subject of this action: The timber was taken within the limits of a highway, duly laid out by the town of Holderness, over lands of the plaintiff and others, adjacent thereto, if the officers of said town were duly elected and authorized for that purpose. Previous to the taking, the damages awarded were duly'tendered by the town to the plaintiff. The taking of the timber was done by the defendant in making the highway, and while acting under the authority and votes of the town, and by a warrant of the selectmen as…
1Opinion of the CourtBell, J.
The objection that the selectmen were not duly elected, is not well founded. It is enough in a case where the authority of selectmen comes incidentally in question in an action in which they" are not parties, to show that they were acting officers, and the regularity of their election cannot be made a question. Horn v. Whittier, 6 N. H. Rep. 94; Jones v. Gibson, 1 N. H. Rep. 268; Johnston v. Wilson, 2 N. H. Rep. 205; Londonderry v. Chester, 2 N. H. Rep. 268; Morse v. Calley, 5 N. H. Rep. 522; Tucker v. Aiken, 7 N. H. Rep. 118.
The only article which can be regarded as authorizing the choice of…
2Cases cited7 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Trustees of Dartmouth College v. WoodwardSuperior Court of New Hampshire · 1817
- Johnston v. WilsonSuperior Court of New Hampshire · 1820
- Jones v. GibsonSuperior Court of New Hampshire · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pearson v. WheelerSupreme Court of New Hampshire · 1874
- Cahoon v. CoeSupreme Court of New Hampshire · 1876