New London v. Davis
Supreme Court of New Hampshire
Petition, for leave to discontinue a highway. The case is the same as that reported in 7 3 N. H. 7 2. After the rescript was filed in the superior court, the plaintiffs moved that the petition be referred to the county commissioners. The defendants objected to such reference because two of the petitioners for the new road were related to-two of the selectmen who laid it out. The court granted the motion, and the defendants excepted.
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Petition, for leave to discontinue a highway. The case is the same as that reported in 7 3 N. H. 7 2. After the rescript was filed in the superior court, the plaintiffs moved that the petition be referred to the county commissioners. The defendants objected to such reference because two of the petitioners for the new road were related to-two of the selectmen who laid it out. The court granted the motion, and the defendants excepted. Transferred from the October term, 1905, of the superior court by Pilee, J.
1Opinion of the CourtYoung, J.
It was decided when the case was here before that the superior court should hear this petition when the plaintiff satisfied it that the new road (1) is a “ statutory highway ” and (2) was built was without expense to the town. New London v. Davis, 73 N. H. 72, 79. It is conceded that it was so built; consequently the only question raised by the defendants’ exception is whether it is such a highway. The town records show that it is; but the defendants claim they may have the record of the laying out amended to show that it is not such a road, even if the town cannot, because they were not…
2Cases cited4 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- New London v. DavisSupreme Court of New Hampshire · 1904
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Bennett v. TuftonboroughSupreme Court of New Hampshire · 1903
3Cited by3 opinions
- County of Martin v. KampertSupreme Court of Minnesota · 1915
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- State v. Northwest Magnesite Co.Washington Supreme Court · 1947