Town of Hampton v. Coffin
Superior Court of New Hampshire
Assumpsit for $200 money, had and received by the defendant for the use of the plaintiffs. The cause was tried here upon the general issue at November term, 1827, when it appeared in evidence that in August, 1824, a highway was laid out by the court of common pleas, through the land of the defendant in Hampton, and his damages by reason thereof assessed at the sum of $120. Execution issued in his favor against the town on the 20th July, 1825, and the amount assessed as…
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Assumpsit for $200 money, had and received by the defendant for the use of the plaintiffs. The cause was tried here upon the general issue at November term, 1827, when it appeared in evidence that in August, 1824, a highway was laid out by the court of common pleas, through the land of the defendant in Hampton, and his damages by reason thereof assessed at the sum of $120. Execution issued in his favor against the town on the 20th July, 1825, and the amount assessed as aforesaid was paid to the defendant. In July, 1826, the town of Hampton voted to discontinue the said highway, and in August,…
1Opinion of the Court
By the court.
The court of common pleas having jurisdiction to assess the damages in the case that was before them, and order the same to be paid, it is clear that their decision cannot be called in question collaterally in this action. 1 Pick. 435, Homer v. Fish; 2 N. H. Rep. 491, Blanchard v. Goss; 8 Johns. 470, Cobb v. Curtiss; 9 ditto, 232, White v. Ward; 2 H. Bl. 416.
The only ground on which this action can be imagined to be maintainable is, that the vote of the town discontinuing the highway with the assent of the common pleas, lias annulled the order of the common pleas for the payment…
2Cases cited2 opinions
- Cobb v. CurtissNew York Supreme Court · 1811
- Blanchard v. GossSuperior Court of New Hampshire · 1822
3Cited by4 opinions
- State v. New-BostonSuperior Court of New Hampshire · 1840
- Clark v. HampsteadSuperior Court of New Hampshire · 1849
- Clough v. UnitySuperior Court of New Hampshire · 1846
- Lauren Shearer v. Ronald Raymond & a.Supreme Court of New Hampshire · 2021