Wentworth v. Farmington
Supreme Court of New Hampshire
Petition of Moses L. Wentworth and others for a new highway in Farmington. The questions in the case arise upon a report laying out the highway prayed for, made at this term of court by Jesse R. Horne, Thomas M. Thompson, and John H. Roberts, who signed the report as “ county commissioners of Strafford county.” Thompson and Roberts were not, in fact, county commissioners.
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Petition of Moses L. Wentworth and others for a new highway in Farmington. The questions in the case arise upon a report laying out the highway prayed for, made at this term of court by Jesse R. Horne, Thomas M. Thompson, and John H. Roberts, who signed the report as “ county commissioners of Strafford county.” Thompson and Roberts were not, in fact, county commissioners. This petition had been twice heard before; and one of the old board of commissioners had become disqualified to act; and at the September term, 1870, the court, upon motion of counsel for Farmington, New Durham, and…
1Opinion of the CourtSargent, J.
The position that persons who acted de facto, as commissioners in this proceeding, must be taken to have been such de jure, and that their qualifications cannot be inquired into in this case, is not well taken.. When called on to accept a report of commissioners, or of any other officer to whom the court has sent a question of fact to be tried, it seems proper that the court should examine to see if such triers of the fact were properly qualified, and acted in the discharge of their duties according to law; and if not, to set aside or recommit their report, provided any party is found to be…
2Cited by1 opinion
- Melvin v. WeareSupreme Court of New Hampshire · 1876