Legal Opinion

Dinsmore v. Auburn

Superior Court of New Hampshire

Decided July 15, 1853Published

Petition, for a highway in Auburn. The petition was addressed to the justices of the court of common pleas for this county, was filed with the clerk, August 17th, 1852, and an order of notice issued under the rule, and was as follows: “ The undersigned would respectfully represent that for the accommodation of the public in general, there is occasion for a new highway in the town of Auburn, in said county, commencing at the westerly end of the road leading by the house of…

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Petition, for a highway in Auburn. The petition was addressed to the justices of the court of common pleas for this county, was filed with the clerk, August 17th, 1852, and an order of notice issued under the rule, and was as follows: “ The undersigned would respectfully represent that for the accommodation of the public in general, there is occasion for a new highway in the town of Auburn, in said county, commencing at the westerly end of the road leading by the house of Jesse Patten, and a few rods northerly of the school house in school district number two in said Auburn; thence in a…

1Opinion of the CourtEastman, J.

"Whenever the selectmen of any town shall neglect or refuse to lay out a highway within the limits of their town, upon petition presented therefor, a petition for the- same may be presented to the court of common pleas, or to the clerk' in vacation, and if no sufficient objection shall be made to appear, after due notice of its presentation, it will be referred to the road commissioners of the county. Rev. Stat. chap. 50.

It is, however,' essential to the jurisdiction of the common pleas, that a petition shall first be presented to the selectmen of the town. The laying out of highways in any…

2Cases cited4 opinions

  1. Smith v. KnowltonSuperior Court of New Hampshire · 1840
  2. New-Hampshire Strafford Bank v. CornellSuperior Court of New Hampshire · 1821
  3. Town of Walpole v. Town of MarlowSuperior Court of New Hampshire · 1821
  4. Sumner's PetitionSuperior Court of New Hampshire · 1843

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