Foss v. Strafford
Superior Court of New Hampshire
Petition of John C. Foss and others for a highway in Strafford. The petition was filed in the office of the clerk of the common pleas, on the 21st day of December, 1850, and an order of notice was issued, returnable at the January term, 1851; at which term the petition was referred to John Walker, Walter Durgin, and Bartholomew Wentworth, then road commissioners of the county. At the August term, 1851, the commissioners made their report, laying out the highway prayed for.
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Petition of John C. Foss and others for a highway in Strafford. The petition was filed in the office of the clerk of the common pleas, on the 21st day of December, 1850, and an order of notice was issued, returnable at the January term, 1851; at which term the petition was referred to John Walker, Walter Durgin, and Bartholomew Wentworth, then road commissioners of the county. At the August term, 1851, the commissioners made their report, laying out the highway prayed for. Upon a hearing had by the court upon the question of the acceptance of the report, it appeared that the commissioners, at…
1Opinion of the CourtEastman, J.
This exception comes too late. As a general rule, exceptions will be considered as waived, unless taken at the first legal opportunity. Lisbon v. Bow, 10 N. H. Rep. 167; McConihe v. Sawyer, 12 N. H. Rep. 396; Stevens v. Goffstown, 1 Foster’s Rep. 454.
This petition was re-committed to the former board of road commissioners, to whom it was originally committed, instead of the new board who were in office at the time of the re-commitment. The ruling by which the petition was re-committed was made at the August term, 1851, but the exception was not taken till the January term, 1852, after the…
2Cases cited2 opinions
- McConihe v. SawyerSuperior Court of New Hampshire · 1841
- Lisbon v. BowSuperior Court of New Hampshire · 1839
3Cited by2 opinions
- State v. ThorpSupreme Court of New Hampshire · 1934
- Taft v. Northern Transportation Co.Supreme Court of New Hampshire · 1876