Currier v. Grafton
Superior Court of New Hampshire
Petition for a new highway, in Grafton and Enfield. It was referred to the road commissioners, who, at a subsequent term, reported adversely to the prayer of the petitioners, and their report was accepted. The said towns of Grafton and Enfield, severally, prayed judgment for their costs against the petitioners, which motion was resisted by the petitioners, and upon this question the case was transferred to this court.
1Opinion of the CourtBell, J.
It is contended here that the general rule as to-costs, prescribed by the Revised Statutes, ch. 191, § 1, does-not apply in this case. By that section, it is provided that-st costs shall follow the event of every action or petition, unless otherwise directed by law or by the court.” It is said a different rule is prescribed in cases like the present, and this provision, therefore, has no application. By section 9 of chapter 52, it is provided that the costs of laying out and of widening and straightening highways from town to town, or through land not in any town, shall be paid by the…
2Cases cited1 opinion
- Crosby v. LovejoySuperior Court of New Hampshire · 1833