Carpenter's Petition
Supreme Court of New Hampshire
Petition, for the laying out of a highway in the town of Woodstock, alleging that the selectmen, have neglected and re-fused to lay out the same. On the return of the report of the ■commissioners laying out the highway, Fisher, a land-owner, moved that their report be rejected and the petition dismissed, because, ■as he claimed, the selectmen had not neglected or refused to lay out the highway prayed for, and the court therefore had no jurisdiction.
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Petition, for the laying out of a highway in the town of Woodstock, alleging that the selectmen, have neglected and re-fused to lay out the same. On the return of the report of the ■commissioners laying out the highway, Fisher, a land-owner, moved that their report be rejected and the petition dismissed, because, ■as he claimed, the selectmen had not neglected or refused to lay out the highway prayed for, and the court therefore had no jurisdiction. It appeared that Fisher attended before the commis■sioners, was fully heard by them, and did not there make the ■objection. The court denied the…
1Opinion of the CourtCarpenter, J.
The objection goes not to the jurisdiction, but to the regularity of the proceedings. Huntress v. Effingham, 17 N. H. 584; Steven s v. Goffstown, 21 N. H. 454; Manchester's Petition, 28 N. H. 296; White v. Landaff, 35 N. H. 128; Bacheler v. New Hampton, 60 N. H. 207;
There is no occasion to consider whether an averment in the petition that the selectmen have neglected or refused to lay out the road is essential to give the court jurisdiction of the subject-matter. Patten's Petition, 16 N. H. 277, 280-282; Dinsmore v. Auburn, 26 N. H. 356, 358; Haywood v. Charlestown, 34 N. H. 23; White v.…
2Cases cited2 opinions
- Bacheler v. New HamptonSupreme Court of New Hampshire · 1880
- Knox v. EpsomSupreme Court of New Hampshire · 1875
3Cited by3 opinions
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- City of Bessemer v. GoodwynSupreme Court of Alabama · 1940
- Governor & Council v. MoreySupreme Court of New Hampshire · 1916