Proprietors of the Piscataqua Bridge v. New-Hampshire Bridge
Superior Court of New Hampshire
Bill in Chanceby, praying for an injunction to restrain the defendants from erecting a bridge across the Piscataqua river at any place between Nanny’s island and Walton’s point.
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Bill in Chanceby, praying for an injunction to restrain the defendants from erecting a bridge across the Piscataqua river at any place between Nanny’s island and Walton’s point. The bill stated, that by a certain statute passed in the year 1793, the plaintiffs were made a corporation, for the purpose of making a bridge over the Piscataqua river, any where between Bloody point and Furbur’s ferry inclusively, and to take toll for all persons, horses, carriages, teams, cattle, sheep and swine, passing over said bridge ; and that by the same statute the exclusive right of building and maintaining…
1Opinion of the Court
PakkeR J.
delivered the opinion of the court. The answer in this case closes with a denial of the jurisdiction of this court as a court of chancery, because the plaintiffs, if they sustain any injury may have adequate remedy at the common law.
It would, perhaps, be the better practice to consider any objection of this character before a hearing upon the merits, even if it is not taken by a formal demurrer. 2 Johns. C. R. 369, Underhill vs. Van Cortlandt; 2 Caines’ Cas. in Error 40, 56, Ludlow vs. Simond.
The counsel, however, have placed no great reliance upon this exception, and it is very…
2Cases cited8 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Green v. BiddleSupreme Court of the United States · 1823
- McCulloch v. MarylandSupreme Court of the United States · 1819
- New Jersey v. WilsonSupreme Court of the United States · 1812
- Jackson v. LamphireSupreme Court of the United States · 1830
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3Cited by17 opinions
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- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Opinion of the JusticesSupreme Court of New Hampshire · 1994
- Robbins Auto Parts, Inc. v. City of LaconiaSupreme Court of New Hampshire · 1977
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