In re Strafford
Superior Court of New Hampshire
Petition for leave to discontinue a highway. At a meeting holden on the ninth day of March, A. D. 1842, the town of Strafford voted to discontinue a highway laid out by a committee from the court of common pleas, on the petition of William Berry and others, and at the January term, 1843, of the court, filed this petition for the assent of the court to the discontinuance.
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Petition for leave to discontinue a highway. At a meeting holden on the ninth day of March, A. D. 1842, the town of Strafford voted to discontinue a highway laid out by a committee from the court of common pleas, on the petition of William Berry and others, and at the January term, 1843, of the court, filed this petition for the assent of the court to the discontinuance. It was contended by the counsel for the petitioners that the statute required the reference of the petition to the road commissioners, and a motion was made that it should be thus referred. The counsel for Berry and others,…
1Opinion of the CourtGilchrist, J.
Since the decision of the case of the Petition of Nashua, 12 N. H. Rep. 425, the question what tribunal should take cognizance of petitions of this description, is no longer an open one. It was there held that since the passage of the act of June 20th, 1840, a petition for the discontinuance of a road must be referred to the road commissioners.
But that decision relates, of course, to petitions which are properly before the court; and as the other objections are, in substance, that no petition whatever for this purpose should be preferred, and that the court should not entertain this petition…
2Cases cited3 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- In re Town of NashuaSuperior Court of New Hampshire · 1841
3Cited by2 opinions
- Bath's PetitionSuperior Court of New Hampshire · 1851
- In re HowardSuperior Court of New Hampshire · 1854