Clough v. Unity
Superior Court of New Hampshire
Debt, to recover damages awarded to the intestate against the town of Unity, for land taken for a highway, laid out by a committee appointed by the court of common pleas, upon the petition of Booth and others. The sum of one hundred and fifty dollars was awarded by the committee, whose report, duly returned, was accepted at the April term of the court of common pleas, in 1837, at which term judgment was rendered upon it.
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Debt, to recover damages awarded to the intestate against the town of Unity, for land taken for a highway, laid out by a committee appointed by the court of common pleas, upon the petition of Booth and others. The sum of one hundred and fifty dollars was awarded by the committee, whose report, duly returned, was accepted at the April term of the court of common pleas, in 1837, at which term judgment was rendered upon it. A portion of the road laid out was afterward opened, and a portion of the damages awarded to the proprietors paid; but the remainder of the road has never been opened. This…
1Opinion of the CourtGilchrist, J.
In the ease of Willey v. Epping, lately decided in this court, it was held, upon the authority of Hampton v. Coffin, 4 N. H. Rep. 517, that the land-owner was entitled to the damages awarded to him, notwithstanding the highway had been discontinued prior to the *78passage of the act of June 23, 1842, which, in terms, limited the recovery to the amount of damages actually sustained. Whatever may have been the precise force of the words of that act, its construction must be such that it shall not divest interests that have actually attached under a judgment, in order to avoid a constitutional…
2Cases cited3 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Mahurin v. BickfordSuperior Court of New Hampshire · 1834
- Town of Hampton v. CoffinSuperior Court of New Hampshire · 1829