Bacheler v. New Hampton
Supreme Court of New Hampshire
Petition for a highway. The petition represented “ that for the accommodation of A. W. Bacheler there is occasion for a private highway in the town of New Hampton, beginning at the bound on the westerly side of the road leading to the house known as the John Hanaford house, southerly and westerly crossing Dickerman’s brook at a point thirty feet south of the old glove-mill bridge, westerly to bounds opposite the westerly side of the road owned by the petitioners * * At the…
Read the full summary
Petition for a highway. The petition represented “ that for the accommodation of A. W. Bacheler there is occasion for a private highway in the town of New Hampton, beginning at the bound on the westerly side of the road leading to the house known as the John Hanaford house, southerly and westerly crossing Dickerman’s brook at a point thirty feet south of the old glove-mill bridge, westerly to bounds opposite the westerly side of the road owned by the petitioners * * At the March term, 1880, the defendant appeared, and the petition was referred to the county commissioners without objection.…
1Opinion of the CourtClark, J.
The first three objections, and the first clause of the fourth, relating to the form of the petition and to the preliminary proceedings, were waived by the reference of the petition to the commissioners without objection after appearance by the defendants. Hardy v. Keene, 54 N. H. 449; Steele’s Petition, 44 N. H. 220; State v. Richmond, 26 N. H. 232, 242. As a general rule, objections should be made at the first opportunity, to avoid unnecessary expense and delay. A party cannot fairly avail himself of an objection held in reserve, which seasonably urged would have avoided the useless expense…
2Cited by2 opinions
- Norris v. HaverhillSupreme Court of New Hampshire · 1888
- Carpenter's PetitionSupreme Court of New Hampshire · 1893