Sandown v. Kelley

The defendants’ general exception presents no question of the sufficiency of the evidence to sustain the findings and decree; the issue to be determined by this court is whether there are errors of law apparent upon the face of the findings and rulings made. Eastman v. Waisman, 94 N. H. 253, 254.

While the Trial Court found that the way in question had been used continuously for more than twenty years, there was no ruling it was a public highway, nor did the relief sought by the plaintiff’s bill call for such a ruling. Moreover it may be doubted whether the evidence would warrant such a…