Moore v. Sandown
Superior Court of New Hampshire
Petition for a certiorari. It was alleged that at the August term, 1843, of the court of common pleas for the county of Rockingham, a petition for a highway was presented to the court, which, at the August term, 1845, was referred to the road commissioners. At the February term, 1846, a report of the commissioners, laying out a highway according to the prayer of the petitioners in the town of Sandown, was returned and accepted.
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Petition for a certiorari. It was alleged that at the August term, 1843, of the court of common pleas for the county of Rockingham, a petition for a highway was presented to the court, which, at the August term, 1845, was referred to the road commissioners. At the February term, 1846, a report of the commissioners, laying out a highway according to the prayer of the petitioners in the town of Sandown, was returned and accepted. At the February term, 1847, the town of Sandown was indicted for not building the road. On the first day of January, 1847, the town voted to discontinue a certain part…
1Opinion of the CourtGilchrist, C. J.
"We are of opinion that the court of common pleas has acted erroneously in removing Locke from the board of road commissioners, and substituting *98Noble to serve in his place upon the petition for the discontinuance, and that Locke had not such an interest as disqualified him from acting upon the petition. The only interest alleged is, that in the year 1839 Locke was one of the petitioners for a highway over this route. His signature to that petition is, at most, only an expression of his opinion, that in year 1839, eight years before the last petition for the highway was filed, there was…
2Cases cited4 opinions
- White v. WhiteCourt of Appeals of Kentucky · 1859
- Huse v. GrimesSuperior Court of New Hampshire · 1820
- Hopkinton v. SmithSuperior Court of New Hampshire · 1844
- Robbins v. Town of BridgewaterSuperior Court of New Hampshire · 1834