Legal Opinion

In re Groton

Supreme Court of New Hampshire

Decided July 15, 1861PublishedCited by 4 opinions

The petition of the town of Groton for tbe discontinuance of a highway was referred to the county commissioners, who made a report discontinuing the highway. A motion was made by the original petitioners to set aside the report, founded on affidavits of the county commissioners as to the grounds of their decision, and on affidavits of others relating the statements of the county commissioners, made to them in conversation on the same subject.

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The petition of the town of Groton for tbe discontinuance of a highway was referred to the county commissioners, who made a report discontinuing the highway. A motion was made by the original petitioners to set aside the report, founded on affidavits of the county commissioners as to the grounds of their decision, and on affidavits of others relating the statements of the county commissioners, made to them in conversation on the same subject. The court fully heard the counsel for the parties, and considered the evidence offered by both parties, and was of opinion that the evidence sustained…

1Opinion of the CourtBell, C. J.

The argument in this case has been confined to two points, the authority of the court here to reconsider the decision of the judge at the trial term ; and the failure of the county capimissioners to regard, in their decision, the rules prescribed by themselves, and by which the parties were governed in putting in their evidence.

Objections were made at the trial term to the report of the county commissioners, and upon consideration the presiding judge ordered the l’eport to be set aside, and at the same time oi’dered that the questions raised by the exceptions should be transferred to the law…

2Cited by4 opinions

  1. Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
  2. Blodgett v. ParkSupreme Court of New Hampshire · 1912
  3. King v. BatesSupreme Court of New Hampshire · 1876
  4. Taft v. Northern Transportation Co.Supreme Court of New Hampshire · 1876

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