Goodwin v. Milton
Superior Court of New Hampshire
Petition for a highway in Milton. At the August term, 1851, of the common pleas, the petition was, by order of the court, referred to Simon F. Hayes, Samuel IK' White-house, and Jonathan Cartland, road commissioners for the county. In vacation, after said term, Hayes being interested in the petition, declined to act thereon as such commissioner ; and on the 29th of September, 1851, the petitioners made application in Writing to Hon. Hiram It.
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Petition for a highway in Milton. At the August term, 1851, of the common pleas, the petition was, by order of the court, referred to Simon F. Hayes, Samuel IK' White-house, and Jonathan Cartland, road commissioners for the county. In vacation, after said term, Hayes being interested in the petition, declined to act thereon as such commissioner ; and on the 29th of September, 1851, the petitioners made application in Writing to Hon. Hiram It. Roberts, one of the judges of said court for the county, setting forth that Hayes was interested in the petition, and had declined to act therein, and…
1Opinion of the CourtEastman, J.
The first exception taken to the acceptance of this report, was not raised till the second day of the hearing before the road commissioners. The notices for the hearing had been signed by Durgin, and served upon the town; the proceedings, by which he had been appointed as a substitute for Hayes, were read before the selectmen, the agent and their counsel, at the time of their assembling, on the first day ; and that day was spent in the examination of the road prayed for, and other routes, and no exception was taken to the competency of Durgin or the regularity of his appointment. Under these…
2Cases cited3 opinions
- Dudley v. CilleySuperior Court of New Hampshire · 1832
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- Parish v. GilmantonSuperior Court of New Hampshire · 1840
3Cited by4 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Fleming v. CoxConnecticut Superior Court · 1942
- Carter v. JacksonSupreme Court of New Hampshire · 1876
- Carter v. JacksonSupreme Court of New Hampshire · 1876