Bath's Petition
Superior Court of New Hampshire
Petition of the town of Bath to discontinue a highway, laid out on petition of Sargent Moody and others, October Term, 1848. The petition alleges that the town voted to discontinue -the road on the 13th of March, 1849. Previous to the October Term of the Common Pleas, 1849, the town filed their petition for leave to discontinue the same road, alleging in that petition the same vote to discontinue, which is alleged in this; and after due notice, the said former petition for…
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Petition of the town of Bath to discontinue a highway, laid out on petition of Sargent Moody and others, October Term, 1848. The petition alleges that the town voted to discontinue -the road on the 13th of March, 1849. Previous to the October Term of the Common Pleas, 1849, the town filed their petition for leave to discontinue the same road, alleging in that petition the same vote to discontinue, which is alleged in this; and after due notice, the said former petition for leave to discontinue, was, at the same October Term of the Common Pleas, referred to the Road Commissioners, who, after a…
1Opinion of the CourtEastman, J.
The revised statutes provide that any town, at a legal meeting -holden for the purpose, may discontinue any *579highway in such town. But that no vote of discontinuance shall be effectual without the consent of the Court of Common Pleas, if such road was not laid out by the selectmen. Rev. Stat. chap. 54, §§ 1, 2. The road which is sought to be discontinued by this proceeding was not laid out by the selectmen, but by the road commissioners, and their report was accepted at the October Term of the Common Pleas, 1848. The Common Pleas, therefore, have jurisdiction of the application, and, upon…
2Cases cited6 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
- Pinney v. BarnesSupreme Court of Connecticut · 1845
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- Whittemore v. ShawSuperior Court of New Hampshire · 1836
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