Legal Opinion

Candia v. Chandler

Supreme Court of New Hampshire

Decided August 5, 1877PublishedCited by 5 opinions

Petition, for tlie discontinuance of the highway laid out in Candia, Hooksett, and Auburn, by the judgment in Chandler v. Candia, 54 N. H. 178. This petition having been referred to the county commissioners of Rockingham and Merrimack, they reported, — " We are of the opinion that a change of circumstances, affecting the expediency of laying out the aforesaid highway, has occurred since the same was laid out, to this extent, viz., that a considerable portion of the wood and…

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Petition, for tlie discontinuance of the highway laid out in Candia, Hooksett, and Auburn, by the judgment in Chandler v. Candia, 54 N. H. 178. This petition having been referred to the county commissioners of Rockingham and Merrimack, they reported, — " We are of the opinion that a change of circumstances, affecting the expediency of laying out the aforesaid highway, has occurred since the same was laid out, to this extent, viz., that a considerable portion of the wood and timber, which appeared by the evidence to have been standing near the said highway when the same was laid out, lias…

1Opinion of the CourtBingham, J.

I. It is objected to the report, that it does not show the particular circumstances of the alleged changes, nor how they affect the case, as required by the eighty-seventh rule of court. If the report states, with reasonable certainty, the changes that have occurred, and their bearing upon the necessity for the highway, so that the court can see that the commissioners have pursued the tenor of their commission, it will not undertake to revise their conclusions. Petition of Hopkinton, 27 N. H. 140; Hampstead’s Petition, 19 N. H. 348; Marlborough’s Petition, 46 N. H. 494. The court can see that…

2Cited by5 opinions

  1. L & L Portsmouth Theatres, Inc. v. City of PortsmouthSupreme Court of New Hampshire · 1977
  2. Webster's PetitionSupreme Court of New Hampshire · 1881
  3. White v. WhiteSupreme Court of New Hampshire · 1880
  4. Wolfe v. Town of WindhamSupreme Court of New Hampshire · 1974
  5. Wolfe v. Town of WindhamSupreme Court of New Hampshire · 1974

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