Toppan's Petition
Superior Court of New Hampshire
Petition for a new highway in the town of Dover. The petition was duly filed in the clerk’s office, and due notice thereof was given to the town of Dover, agreeably to the requirements of the law, and at the January term of the court of common pleas, 1851, the town of Dover did not appear but made default, of which a due record was made.
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Petition for a new highway in the town of Dover. The petition was duly filed in the clerk’s office, and due notice thereof was given to the town of Dover, agreeably to the requirements of the law, and at the January term of the court of common pleas, 1851, the town of Dover did not appear but made default, of which a due record was made. By an order of the court, at the said January term, the petition was duly committed to the road commissioners for the county, who at the August term of said court, 1851, made a report of them doings, laying out the highway prayed for. At the term of the court…
1Opinion of the CourtWoods, J.
It is found by the case that the petition was duly filed with the clerk of the court of common pleas, and notice thereof given to the town of Dover, agreeably to the requirements of law, and that at the January term of said court, *501851, the town of Dover did not appear, but made default, of which a due record was made.
It is well settled that a default after notice admits every material and traversable allegation properly set forth in the declaration or petition. This is the established doctrine of the courts. Foster v. Smith, 10 Wend. Rep. 378, and cases cited; Bates v. Loomis, 5 do., 134,…
2Cases cited2 opinions
- Foster v. SmithNew York Supreme Court · 1833
- Dodge v. MorseSuperior Court of New Hampshire · 1825