Peirce & A. v. Portsmouth
Supreme Court of New Hampshire
Appeal, by land-owners, from tlio decision of the mayor and aider-men of Portsmouth altering a highway, and from the assessment of damages. The appellants allege that no legal notice of the hearing was given to them, and pray that the decision, for that reason and because of other material defects, may be reversed. The original petitioners object that they had no notice of the appeal. Questions of law reserved.
1Opinion of the CourtSmith, J.
The statute requires notice to the town or city through which the road may pass, and such other notice as the court may order. Gen. St., c. 63, ss. 2, 10. The city of Portsmouth, being interested in the question of the appellants’ land damages, and in the cost of altering the road and keeping it in repair, is a party in the appeal. Burnham v. Goffstown, 50 N. H. 560, 563.
The original petitioners continue to be a party after the appeal. Before' the appeal, the first petitioner was the representative of the others, for the purpose of receiving notice. Gen. St., c. 61, s. 2. And as such notice…
2Cited by4 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- Campbell v. WindhamSupreme Court of New Hampshire · 1885
- Boston & Maine Railroad v. Mayor of PortsmouthSupreme Court of New Hampshire · 1901