Campbell v. Windham
Supreme Court of New Hampshire
Appeal from the laying out of a highway by the selectmen of Windham, and from the assessment of the plaintiff’s land damages. The main reason of appeal from the laying out was want of notice of the hearing to the plaintiff and other persons interested, such as is required by law. There was also a motion to quash the proceedings of the selectmen for the same cause. Facts found by the court.
1Opinion of the CourtAllen, J.
The plaintiff, taking an appeal from the layingoout of a highway over his land by the selectmen of Windham, now moves to quash the proceedings before the selectmen for want of notice. The proceedings before the board of selectmen are not necessarily quashed for error on appeal. The plaintiff cannot complain if the tribunal to which he has appealed shall hear him upon the matters about which he claims he had no opportunity of being heard before the selectmen. The whole case, so far as it is before the court, is referred to the commissioners, who are to consider the matters in regard to which…
2Cases cited2 opinions
- Peirce & A. v. PortsmouthSupreme Court of New Hampshire · 1878
- Underwood v. BaileySupreme Court of New Hampshire · 1879
3Cited by5 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- Adams v. AdamsSupreme Court of New Hampshire · 1886
- Page v. PortsmouthSupreme Court of New Hampshire · 1912
- Trask v. RochesterSupreme Court of New Hampshire · 1897