Fairbanks v. Childs
Supreme Court of New Hampshire
Assumpsit, upon an 'account annexed to the writ, as follows : To one half the fees paid fence-viewers in making division of fence, . §2.00 To making fence assigned to you to build, appraised by fence-viewers, 12.50 To one half the fees paid fence-viewers for appraising fence assigned to you after it was built, 1.25 §15.75 Plea, the general issue, with two dollars paid into court by the defendant, under the rule of court, upon the first item of the account.
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Assumpsit, upon an 'account annexed to the writ, as follows : To one half the fees paid fence-viewers in making division of fence, . §2.00 To making fence assigned to you to build, appraised by fence-viewers, 12.50 To one half the fees paid fence-viewers for appraising fence assigned to you after it was built, 1.25 §15.75 Plea, the general issue, with two dollars paid into court by the defendant, under the rule of court, upon the first item of the account. The cause was tried by the court, and it appeared in evidence that the plaintiff and defendant owned adjoining lands in Peterborough, and…
1Opinion of the CourtBell, C. J.
By the Revised Statutes (ch. 136), the fence-viewers may divide the fence between lands of adjoining owners, where they do not agree on a division ; may view any fence alleged to be insufficient, and, if so adjudged, may limit a time for the owner to build or repair it; and when, on his neglect, it is rebuilt by the adjoining owner, may appraise its value, if they find the whole fence sufficient, and the builder may then recover of the delinquent double its appraised value. They can act only on application in writing, and any application may embrace so many subjects, as, from the nature of…
2Cases cited3 opinions
- Harris v. SturdivantSupreme Judicial Court of Maine · 1849
- Hewitt v. WatkinsNew York Supreme Court · 1851
- Longley v. HiltonSupreme Judicial Court of Maine · 1851