State v. Richmond
Superior Court of New Hampshire
Indictment against the town of Richmond, for neglect to repair a highway. The town did not appear on notice, and was defaulted. A fine was assessed, and an agent appointed to superintend or make the necessary repairs upon the highway. The case was, at the September term, 1852, brought forward upon the docket of the court of common pleas, to enable the town to move that the commission of the agent may be revoked, and to apply for a remission of the fine.
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Indictment against the town of Richmond, for neglect to repair a highway. The town did not appear on notice, and was defaulted. A fine was assessed, and an agent appointed to superintend or make the necessary repairs upon the highway. The case was, at the September term, 1852, brought forward upon the docket of the court of common pleas, to enable the town to move that the commission of the agent may be revoked, and to apply for a remission of the fine. The motion was made on the ground that the highway was laid out by the selectmen, and the laying out was defective and void, because “ 1. By…
1Opinion of the CourtBell, J.
This application is founded upon the dicta of the judges, who delivered the opinion of the court in Pritch*235ard v. Atkinson, 3 N. H. Rep. 335; Dudley v. Cilley, 5 N. H. Rep. 561; and Robbins v. Bridgewater, 6 N. H. Rep. 524; where it is said that if selectmen proceed otherwise than according to law in laying out highways, all their proceedings are void, and their validity may be called in question collaterally, and no certiorari lies to quash their proceedings, because, as is suggested, their proceedings are not judicial.
We find it difficult to conceive that the character of proceedings as…
2Cases cited47 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Mills v. MartinNew York Supreme Court · 1821
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
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3Cited by1 opinion
- Scudder v. HartNew Mexico Supreme Court · 1941