Bennett v. Tuftonborough
Supreme Court of New Hampshire
Appeal, from the decision of the selectmen of Tuftonborough laying out a highway. The plaintiffs are citizens and taxpayers of the town, but are not otherwise interested in the proceedings. The defendants’ motion to dismiss was granted at the October term, 1902, of the superior court, by Peaslee, J., subject to exception.
1Opinion of the CourtParsons, C. J.
The inhabitants of a town are not parties in highway proceedings. Landaff’s Petition, 34 N. H. 163, 172. Individual taxpayers, as such, have no right to appear and be heard in opposition to the laying of a highway. They are represented by the town, the aggregation of all the taxpayers,'voters, and citizens who reside therein. Burnham v. Goffstown, 50 N. H. 560, 562, 563. “Towns are given no right of appeal from the decision of the selectmen. The presumption is that no injustice will be done them by the action of their own citizens, equally interested with other citizens in preventing…
2Cases cited3 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
- Chandler v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009
- L & L Portsmouth Theatres, Inc. v. City of PortsmouthSupreme Court of New Hampshire · 1977
- New London v. DavisSupreme Court of New Hampshire · 1906
- Lane v. KeeneSupreme Court of New Hampshire · 1907
- In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009
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