Wason v. Sanborn
Supreme Court of New Hampshire
This is a petition for a temporally injunction, addressed to Nesmitb, J. in vacation, and referred by him to the Court. It is attached to a bill in equity, in which the the plaintiff alleges that he has been, for many years past, seized in fee and possessed of certain meadow lands in Chester, containing 15 acres, (described,) with the privileges, &c., lying on both sides of the Shackford brook.
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This is a petition for a temporally injunction, addressed to Nesmitb, J. in vacation, and referred by him to the Court. It is attached to a bill in equity, in which the the plaintiff alleges that he has been, for many years past, seized in fee and possessed of certain meadow lands in Chester, containing 15 acres, (described,) with the privileges, &c., lying on both sides of the Shackford brook. In 1848, Rufus Sanborn, husband of the defendant, Betsey Sanborn, was posses-ed of certain lands in Chester, lying on said brook, above the plaintiff’s meadow, and he erected a dam across the brook,…
1Opinion of the CourtBell, C. J.
There is a tendency of mind which leads the student of the common law to desire to reduce every thing to fixed and definite rales; to lay down those rules broadly and generally with reference to a few circumstances, and to refuse to allow any regard or attention to others, which, though perhaps not so important, ought not to be overlooked. The tendency of tins leaning is in the right direction. Wherever a certain and fixed rule can be established, it is immensely important that it should be. But there is a large class of cases and of questions, where the circumstances admit of so numerous…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Porter v. WithamSupreme Judicial Court of Maine · 1840
3Cited by6 opinions
- State v. LinskySupreme Court of New Hampshire · 1977
- Pugliese v. Town of Northwood Planning BoardSupreme Court of New Hampshire · 1979
- New Hampshire Donuts, Inc. v. SkipitarisSupreme Court of New Hampshire · 1987
- Franke v. WiltschekCourt of Appeals for the Second Circuit · 1953
- Sherwood Lester, Libelant-Appellant v. United States of America, and Marine Basin Company, Respondent-Impleaded-AppelleeCourt of Appeals for the Second Circuit · 1956
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