Legal Opinion

Parish v. Gilmanton

Superior Court of New Hampshire

Decided December 15, 1840PublishedCited by 6 opinions

Petition for a highway in Gilmanton. and certain other towns in the county of Strafford. The petition having been committed by the court of common pleas to a committee to lay out said highway, upon the coming in of the report of said committee laying out the same, to its acceptance it was objected, 1. That no original notice was issued by said committee to either of said towns, or any of the owners of the land over which the highway passes. 2. That there was no return…

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Petition for a highway in Gilmanton. and certain other towns in the county of Strafford. The petition having been committed by the court of common pleas to a committee to lay out said highway, upon the coming in of the report of said committee laying out the same, to its acceptance it was objected, 1. That no original notice was issued by said committee to either of said towns, or any of the owners of the land over which the highway passes. 2. That there was no return sufficient to show the service of a notice on the selectmen of either of said towns, or the land owners. 3. That certain…

1Opinion of the CourtWoods, J.

Section 9, of the statute directing the manner of laying out highways, (1 N. H. Laws 57) provides, that the “committee, having appointed a time and place for hearing the owners of the land, and caused due notice thereof to be given to such owners, in the same way and manner as is herein before directed in the case of highways laid out by selectmen ; and having also caused due notice to be given of such time and place, to the selectmen of the town or towns in which the highway is proposed to be laid out, shall proceed, at the time appointed, to examine the ground, and hear the parties,” &c.

Sect…

2Cases cited2 opinions

  1. Southerin v. MendumSuperior Court of New Hampshire · 1831
  2. Glass v. EllisonSuperior Court of New Hampshire · 1837

3Cited by6 opinions

  1. Rigney v. LovejoySuperior Court of New Hampshire · 1842
  2. Concord Railroad v. GreelySuperior Court of New Hampshire · 1845
  3. Goodwin v. MiltonSuperior Court of New Hampshire · 1852
  4. Gurnsey v. EdwardsSuperior Court of New Hampshire · 1853
  5. In re the Town of GilfordSuperior Court of New Hampshire · 1852

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