Wiggin v. Exeter
Superior Court of New Hampshire
Petition for a highway in Exeter, “ commencing on the northerly side of Front street, at the centre of Spring street, and thence running southerly to the new road leading from Exeter to Kensington, and striking said new road at the point where a straight line drawn from the first mentioned point on Front street, through a point forty feet westerly of the west end of the gun-house, will strike said new road ; the road to be forty-five feet wide, and said termini to be the…
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Petition for a highway in Exeter, “ commencing on the northerly side of Front street, at the centre of Spring street, and thence running southerly to the new road leading from Exeter to Kensington, and striking said new road at the point where a straight line drawn from the first mentioned point on Front street, through a point forty feet westerly of the west end of the gun-house, will strike said new road ; the road to be forty-five feet wide, and said termini to be the centre thereof.” The report of the road commissioners described the way laid out by them upon said petition, as follows : “…
1Opinion of the CourtWoods, J.
Highways in this state are properly laid out by selectmen, only upon application or petition for that purpose. Pritchard vs. Atkinson, 3 N. H. Rep. 335. And by the express language of the statute, such application must be in writing. N. H. Laxos 573, (Ed. of 1830.) And they must be laid out in conformity with the prayer of the petition for the same. Selectmen are not authorized to lay out roads when and where they please. (Pritchard vs. Atkinson, before cited.) And in like manner in these particulars, the authority of the court of common pleas is also limited.
Nor, indeed, is this view…
2Cases cited1 opinion
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- Cole v. Town of CanaanSuperior Court of New Hampshire · 1854
- State v. RichmondSuperior Court of New Hampshire · 1853
- Stevens v. GoffstownSuperior Court of New Hampshire · 1850