Hayward v. Bath
Supreme Court of New Hampshire
PETITION for a highway in Bath and Landaff, filed in the Court of Common Pleas August 19, 1853. The petition having been referred to the road commissioners, they made their report at the September term, 1854, laying out the road. The towns at that term objected to the acceptance of the report on several grounds, and among them for the reason that the commissioners at the hearing before them received incompetent evidence, bearing on the general merits of the cause.
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PETITION for a highway in Bath and Landaff, filed in the Court of Common Pleas August 19, 1853. The petition having been referred to the road commissioners, they made their report at the September term, 1854, laying out the road. The towns at that term objected to the acceptance of the report on several grounds, and among them for the reason that the commissioners at the hearing before them received incompetent evidence, bearing on the general merits of the cause. The Court of Common Pleas overruled the objections, accepted the report, and rendered judgment, establishing the highway as laid…
1Opinion of the CourtPerley, C. J.
The order of this court on the petition for certiorari did not in terms apply to the original petition, nor any of the proceedings upon it, except the judgment of the Common Pleas, accepting the report and establishing the highway. It is contended, however, that the legal effect of the order was to quash the whole proceedings, for the reason that this court had no power to vacate the judgment and leave the petition pending for further action in the Court of Common Pleas. This question occurred to us when that order was made, and we then thought that its effect would be limited to the…
2Cases cited12 opinions
- Mills v. CatlinSupreme Court of Vermont · 1849
- Johnson v. MossNew York Supreme Court · 1838
- Doolittle v. Galena & Chicago Union RailroadIllinois Supreme Court · 1853
- Towns of Winchester & Colebrook v. HinsdaleSupreme Court of Connecticut · 1837
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
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3Cited by1 opinion
- Sullivan County Regional Refuse Disposal District v. Town of AcworthSupreme Court of New Hampshire · 1996