Legal Opinion

Manchester v. Hodge

Supreme Court of New Hampshire

Decided July 1, 1910PublishedCited by 5 opinions

Bill IN Equity, for an injunction. Transferred from the January term, 1910, of the superior court by Pike, J. The subject of the litigation has been transferred to the supreme court three times: 73 N: H. 617, 74 N. H. 468, and ante 166. After the second decision, on April 6, 1908, the plaintiff moved in the superior court that the defendants be ordered to remove all incumbrances on Willow street maintained by them, and that if the defendants resorted to further litigation in…

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Bill IN Equity, for an injunction. Transferred from the January term, 1910, of the superior court by Pike, J. The subject of the litigation has been transferred to the supreme court three times: 73 N: H. 617, 74 N. H. 468, and ante 166. After the second decision, on April 6, 1908, the plaintiff moved in the superior court that the defendants be ordered to remove all incumbrances on Willow street maintained by them, and that if the defendants resorted to further litigation in the matter they should be ordered to pay all the plaintiff’s further expenses in obtaining the relief sought. The…

1Opinion of the CourtWalker, J.

Upon the transfer of this case reported in 74 N. H. 468, it was determined that “the legal title to one half of Willow street, with the right to use the whole of it for any purposes for which a way to the cemetery could be used, at one time was and still is vested in the city as trustee for the public.” In effect, the holding was that the defendants’ rights in the street were the rights usually appertaining to abutters on a street, and that their occupation of the street or any part of it was subordinate to the reasonable use thereof by the public as a way to the cemetery. The legal rights of…

2Cases cited3 opinions

  1. Fowler v. OwenSupreme Court of New Hampshire · 1895
  2. Manchester v. HodgeSupreme Court of New Hampshire · 1908
  3. Hersey v. HutchinsSupreme Court of New Hampshire · 1902

3Cited by5 opinions

  1. Harkeem v. AdamsSupreme Court of New Hampshire · 1977
  2. Keenan v. FearonSupreme Court of New Hampshire · 1988
  3. Indian Head National Bank v. CoreySupreme Court of New Hampshire · 1986
  4. Jacques v. Manchester Coal & Ice Co.Supreme Court of New Hampshire · 1916
  5. Town of Milford v. JohnsonSupreme Court of New Hampshire · 1982

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