Hopkins v. Crombie
Superior Court of New Hampshire
This was an action of trespass for breaking and entering the close of the plaintiff's, in New Boston, on the 25th November, 1826, and removing a house frame of the plaintiffs, and filling their cellar with stones, &c.
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This was an action of trespass for breaking and entering the close of the plaintiff's, in New Boston, on the 25th November, 1826, and removing a house frame of the plaintiffs, and filling their cellar with stones, &c. The defendants pleaded in bar, that on the 30th November, 1813, the selectmen of New Boston, on the application of W. Crombie, laid out a highway in said town, three rods wide, from the bridge near Thomas Mullet’s to the bridge near the said W, Crombie’s, over land of the said W. Crombie ; that the laying out of said highway was returned to the clerk’s office of said New Boston…
1Opinion of the CourtRichardson, C. J.
Several exceptions have been taken to the record of the doings of the selectmen, in laying out the highway in this case. It is objected, that it does not appear by the record that any application was made to the selectmen to lay out the road ; or that any notice was given to the owner of the land, or that any allowance was made to the owner of the land lor the damage he might thereby sustain. We have no doubt, that the most regular course of proceeding by selectmen, under the statute of 1791, was, to require an application in writing, and to state in the record that notice was given to the…
2Cases cited1 opinion
- State v. Town of CamptonSuperior Court of New Hampshire · 1822
3Cited by3 opinions
- Harrower v. RitsonNew York Supreme Court · 1861
- People v. CarpenterMichigan Supreme Court · 1849
- State v. GilmantonSuperior Court of New Hampshire · 1843