Legal Opinion

Stevens v. Goffstown

Superior Court of New Hampshire

Decided December 15, 1850Published

Petition, for a highway in Goffstown. It was referred to the road commissioners for the county of Hillsborough at the A.pril term of the Court of Common Pleas, 1849, and at the October term following, a report was made by the commissioners, laying out the road.

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Petition, for a highway in Goffstown. It was referred to the road commissioners for the county of Hillsborough at the A.pril term of the Court of Common Pleas, 1849, and at the October term following, a report was made by the commissioners, laying out the road. The town objected to the acceptance of the report for the following reasons: 1. “ Because there is a material variance between the route described in the petition, (which is east of south from the western terminus,) and the road laid by said commissioners, (which is laid south seventy-two degrees east.”) 2. “ Because there is no…

1Opinion of the CourtEastman, J.

Three exceptions are taken to the acceptance of this report. “ First, because there is a material variance between the route" described in the petition, (which is east of south from the western terminus,) and the road laid by said commissioners, (which is laid south, seventy-two degrees east.”) Under the former practice, in petitioning for, and laying out,.highways, this exception might have prevailed. It was then held, that the intermediate points of compass through the whole route, as also the distances, should not only be given in' the petition asking for the road, but that the report…

2Cases cited2 opinions

  1. Robbins v. Town of BridgewaterSuperior Court of New Hampshire · 1834
  2. Wiggin v. ExeterSuperior Court of New Hampshire · 1842

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