Hanover Precinct v. Atkins
Supreme Court of New Hampshire
Petition, for an injunction to restrain the defendant from using a building within the limits of the fire district in the plaintiff precinct for a blacksmith shop. A demurrer to the bill was overruled, subject to exception. The commissioners of the precinct granted the defendant a permit to “build a barn to house one or two horses on his premises. . . . Said building is not to be used for a blacksmith shop nor for any other purpose than stated above."
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Petition, for an injunction to restrain the defendant from using a building within the limits of the fire district in the plaintiff precinct for a blacksmith shop. A demurrer to the bill was overruled, subject to exception. The commissioners of the precinct granted the defendant a permit to “build a barn to house one or two horses on his premises. . . . Said building is not to be used for a blacksmith shop nor for any other purpose than stated above." The court found that a blacksmith shop on the defendant’s premises, which is located some thirty-five feet from other buildings will increase…
1Opinion of the CourtWalker, J.
For the purposes of this decision, it may be assumed that the Village Precinct of Hanover was legally established and organized as a body corporate, that it legally created within the village precinct a fire district which includes the defendant’s building or proposed blacksmith shop, which is located in the most compact part of the precinct, and that the precinct commissioners acted in good faith when they granted to the defendant the qualified permit or license to erect the building. But the fact clearly appears that they attempted to deprive him of the right or privilege of carrying on the…
2Cases cited12 opinions
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- State ex rel. Wood v. SchweickardtSupreme Court of Missouri · 1891
- President of Waupun v. MooreWisconsin Supreme Court · 1874
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3Cited by7 opinions
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- Page v. BrooksSupreme Court of New Hampshire · 1918
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