Bickford v. Franconia
Supreme Court of New Hampshire
Appeal, from the decision» of the selectmen in the laying out of a highway. The grounds of complaint in the appeal are: (1) The decision laying out the highway; (2) the assessment of damages ; (3) that one of the selectmen was disqualified by interest, as an owner of land over which the highway passed. The defendants moved that “ the last ground of appeal be stricken out, for the reason that this grievance, is not the subject of appeal.”
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Appeal, from the decision» of the selectmen in the laying out of a highway. The grounds of complaint in the appeal are: (1) The decision laying out the highway; (2) the assessment of damages ; (3) that one of the selectmen was disqualified by interest, as an owner of land over which the highway passed. The defendants moved that “ the last ground of appeal be stricken out, for the reason that this grievance, is not the subject of appeal.” At the September term, 1904, of the superior court, the motion was denied pro forma by Pike, J., and the defendants excepted.
1Opinion of the CourtParsons, C. J.
An appeal is a continuation of the original suit, for the purpose of obtaining a new trial and a new judgment. It is analogous in its effect to the award of a new trial, by which the previous verdict is entirely set aside, and the case is to be heard anew like an original action and as if no judgment had been rendered in the court below. In highway appeals and generally, the appeal vacates the judgment in the court below, and the judgment in the appellate court is a distinct and original judgment. P. S., o. 68, s. 8; Morse v. Wheeler, 69 N. H. 292; Cook v. Bennett, 51 N. H. 85, 91; Stalbird…
2Cases cited15 opinions
- State v. GerrySupreme Court of New Hampshire · 1896
- Fowler v. BrooksSupreme Court of New Hampshire · 1887
- Adams v. AdamsSupreme Court of New Hampshire · 1886
- Campbell v. WindhamSupreme Court of New Hampshire · 1885
- Harrington v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1882
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3Cited by12 opinions
- Winslow v. Town of Holderness Planning BoardSupreme Court of New Hampshire · 1984
- Mixed Local of Hotel & Restaurant Employees Union Local No. 458 v. Hotel & Restaurant Employees International Alliance & Bartenders International League of AmericaSupreme Court of Minnesota · 1942
- Daine v. DaineSupreme Court of New Hampshire · 2008
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- Hazen v. P. H. Rice Corp.Supreme Court of New Hampshire · 1938
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