Dudley v. Butler
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated January 22, 1828, for $365-00, drawn payable to the plaintiff, or order, to the use of the town of Raymond, in thirty days, and interest, and signed by the defendant and H. G. Cilley. The suit was prosecuted for the use of the town of Raymond, The defence was that the note was given on an illegal consideration.
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Assumpsit, upon a promissory note, dated January 22, 1828, for $365-00, drawn payable to the plaintiff, or order, to the use of the town of Raymond, in thirty days, and interest, and signed by the defendant and H. G. Cilley. The suit was prosecuted for the use of the town of Raymond, The defence was that the note was given on an illegal consideration. It appeared in evidence that a certain petition of Thomas Jenness and others, for a highway in Raymond, waspending in the court of common pleas for the county of Rocking-ham prior to January term, 1828, and at that term came up for consideration…
1Opinion of the CourtUpham, J.
The jurisdiction of laying out highways from town to town was formerly vested in the court of general sessions of the peace, and on the abolishing of that court this power was transferred to the court of common pleas. It is, perhaps, unnecessary to determine how far the court of general sessions was a court of record, within the meaning of the term, as holden in England. Mr. Justice Biackstono says that “ all courts of record are the king’s courts, in right of his crown and royal dignity, and therefore no other court *288has authority to fine or imprison; so that the very erection of a new…
2Cases cited3 opinions
- Dudley v. CilleySuperior Court of New Hampshire · 1832
- Huse v. GrimesSuperior Court of New Hampshire · 1820
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1825
3Cited by6 opinions
- Goodwin v. MiltonSuperior Court of New Hampshire · 1852
- In re StraffordSuperior Court of New Hampshire · 1843
- Clement v. BrooksSuperior Court of New Hampshire · 1842
- Bath's PetitionSuperior Court of New Hampshire · 1851
- Claggett v. SimesSuperior Court of New Hampshire · 1855
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