Knox v. Epsom
Supreme Court of New Hampshire
From Merrimack Circuit Court. Petition of Henry Knox and eighteen others for a new highway in the town of Epsom. The petition was filed March 25,1875, and an order of notice issued by the clerk of the court and annexed to said petition, requiring service thereof by “causing a certified copy of said petition and of this order thereon to be given to or left at the last and usual place of abode of the town-clerk and one of the selectmen of said town, each twenty-eight days at…
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From Merrimack Circuit Court. Petition of Henry Knox and eighteen others for a new highway in the town of Epsom. The petition was filed March 25,1875, and an order of notice issued by the clerk of the court and annexed to said petition, requiring service thereof by “causing a certified copy of said petition and of this order thereon to be given to or left at the last and usual place of abode of the town-clerk and one of the selectmen of said town, each twenty-eight days at least before said April term of said court.” It was addressed to the circuit court, and entered at the present term,…
1Opinion of the CourtLadd, J.
I think the motion to dismiss this petition must be denied. The notice required in cases of this sort is prescribed by Gen. Stats., chap. 68, sec. 2. “ The petitioners shall cause a certified copy of the [petition] to be given to or left at the places of abode of one of the selectmen and the town-clerk of each town through which such road may pass, twenty-eight days before the next term of said court.” No other notice, and no notice to any other person, are required.
The objection — that the notice to the town was not sufficient — does not come from the town, but from certain remonstrants, and…
2Cited by1 opinion
- Carpenter's PetitionSupreme Court of New Hampshire · 1893