Ross v. Brown
Supreme Court of New Hampshire
Petition, for injunction, heard and denied subject to exception;, upon the following agreed statement of facts. The plaintiffs are the highway agents and the defendants the selectmen of the town-of Hampton. At the annual meeting in March, 1916, the town appropriated S500 to build a sidewalk, which the defendants are now building without employing the highway agents in the work.
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Petition, for injunction, heard and denied subject to exception;, upon the following agreed statement of facts. The plaintiffs are the highway agents and the defendants the selectmen of the town-of Hampton. At the annual meeting in March, 1916, the town appropriated S500 to build a sidewalk, which the defendants are now building without employing the highway agents in the work. The plaintiffs claim the selectmen are not authorized to construct the-sidewalk except through the highway agents and ask that the selectmen be restrained from further construction and expenditure of the appropriation.…
1Opinion of the CourtParsons, C. J.
Chapter 79 of the Public Statutes, “Sidewalks- and Sewers,” is in force in Hampton because of its adoption by the-: ■town. By force of such adoption by the terms of this chapter the •selectmen of Hampton possess the powers as to sidewalks and sewers •conferred by the chapter upon the mayor and aldermen of any city. lb., s. 10.
The first section of the chapter provides that “the mayor and ¡aldermen of' any city, upon petition, may construct sidewalks therein. ’■’ The agreed facts do not show a petition for this sidewalk. But the plaintiffs do not rest their objection to the jurisdiction of the…
2Cases cited1 opinion
- Lambert v. PembrokeSupreme Court of New Hampshire · 1890
3Cited by7 opinions
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- Modesto v. StateSuperior Court of Delaware · 1969
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