Hopkinton v. Smith
Superior Court of New Hampshire
Petition for a certiorari, setting forth that the respondents, on the 9th of July, 1842, filed them petition in the court of common pleas, praying that a certain highway might be laid out in the town of Hopkinton; which petition was referred to the road commissioners, and, upon them report, a highway was laid out over part of said route, March term, 1843; that on the 14th of August, 1843, the town of Hopkinton filed a petition for a discontinuance of a part of it, said town…
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Petition for a certiorari, setting forth that the respondents, on the 9th of July, 1842, filed them petition in the court of common pleas, praying that a certain highway might be laid out in the town of Hopkinton; which petition was referred to the road commissioners, and, upon them report, a highway was laid out over part of said route, March term, 1843; that on the 14th of August, 1843, the town of Hopkinton filed a petition for a discontinuance of a part of it, said town having voted to discontinue ; and on the 15th of August, A. D. 1843, Abram Brown and others filed in the clerk’s office…
1Opinion of the CourtParker, C. J.
The office of a certiorari is to bring up the proceedings in the court below, that they may be examined, and, if found erroneous, may be quashed. But it would not avail anything to quash the proceedings set forth in this petition, if there was error in them. If the proceedings were quashed, that would not reinstate the petitions which have been disposed of, nor authorize any farther proceedings upon them. Upon certiorari, the court simply quashes the proceedings, and does not proceed to render such judgment as the court below should have rendered.
If the court of common pleas was in an error…
2Cases cited1 opinion
- Huse v. GrimesSuperior Court of New Hampshire · 1820
3Cited by5 opinions
- Davenhall v. CameronSupreme Court of New Hampshire · 1976
- L & L Portsmouth Theatres, Inc. v. City of PortsmouthSupreme Court of New Hampshire · 1977
- In re TuckerSuperior Court of New Hampshire · 1853
- In re Town of HopkintonSuperior Court of New Hampshire · 1853
- Moore v. SandownSuperior Court of New Hampshire · 1848