Legal Opinion

In re the Town of Gilford

Superior Court of New Hampshire

Decided July 15, 1852PublishedCited by 1 opinion

Petition for the discontinuance of a highway. The petition was referred to the road commissioners of the county at the September term of the common pleas, 1851. At that time, it appearing that John Blaisdell, Esq., one of the board of road commissioners, was a resident of Gil-ford, Samuel G. Berry, Esq., of Barnstead, was appointed by the court to fill the vacancy occasioned by the incapacity of Blaisdell to serve.

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Petition for the discontinuance of a highway. The petition was referred to the road commissioners of the county at the September term of the common pleas, 1851. At that time, it appearing that John Blaisdell, Esq., one of the board of road commissioners, was a resident of Gil-ford, Samuel G. Berry, Esq., of Barnstead, was appointed by the court to fill the vacancy occasioned by the incapacity of Blaisdell to serve. The commission to the road commissioners was handed to John H. Stevens, Esq., one of the board, by one of the selectmen of Gilford, and notices were signed and issued by him as…

1Opinion of the CourtEastman, J.

The objections to the acceptance of this report come from the town, the report being adverse to the discontinuance of the road. Upon the petition to discontinue the road, Blaisdell, one of the commissioners, being a resident of the town, Berry was appointed as a substitute, agreeably to the provisions of the statute. After this appointment, the commission to the board was delivered by one of the selectmen of the town to Stevens, one of the road commissioners, and the notices were issued by him for a hearing on a specified day. The case does not find the fact, but it would not perhaps be…

2Cases cited1 opinion

  1. Parish v. GilmantonSuperior Court of New Hampshire · 1840

3Cited by1 opinion

  1. School District No. 6 v. CarrSupreme Court of New Hampshire · 1875

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