Ledoux v. Nashua
Supreme Court of New Hampshire
Case, upon the statute of highways. The plaintiffs’ declaration alleges “that said city of Nashua was notified in writing in accordance with chapter 59, section 2, of the Laws of 1898, a long time before, to wit six months.” The defendant demurred upon the ground that it had not been notified as required by said section 2. Transferred without ruling from the September term, 1909, of the superior court by Wallace, C. J.
1Opinion of the CourtPeaslee, J.
The declaration alleges in terms notice in accordance with the provisions of the statute, and the demurrer must be overruled. The causes assigned for the demurrer are merely denials of the fact of notice pursuant to the statute. They might well be pleaded in bar, as they present issues of fact; but they can hardly be said to raise an issue of law as to the sufficiency of the declaration.
The notice given and certain facts relating to the highway in question are made a part of the case. -It is not apparent what relevancy they have to the question raised by the demurrer. If it was the intent to…
2Cases cited6 opinions
- Metcalf v. WeedSupreme Court of New Hampshire · 1889
- Carr v. AshlandSupreme Court of New Hampshire · 1883
- Horne v. RochesterSupreme Court of New Hampshire · 1882
- Robin v. BartlettSupreme Court of New Hampshire · 1887
- Currier v. ConcordSupreme Court of New Hampshire · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914