Brown's Petition
Supreme Court of New Hampshire
Petition, by Moses Brown (filed October 16, 1871), for a writ of certiorari to remove the record of tfie laying out of a highway by the selectmen of Bow, for the accommodation of individuals, in December, 1868 ; and praying that the laying out may be adjudged void.
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Petition, by Moses Brown (filed October 16, 1871), for a writ of certiorari to remove the record of tfie laying out of a highway by the selectmen of Bow, for the accommodation of individuals, in December, 1868 ; and praying that the laying out may be adjudged void. The petition alleged that the selectmen ordered, as a part of the laying out, that “ the highway is to be made by the petitioners, and to remain a highway so long as said petitioners shall keep the same in repair, and no longer.” The answer alleged that the selectmen, after a full hearing, came to the conclusion that there was…
1Opinion of the CourtSmith, J.
The clause in the return, objected to by the petitioner, was in direct contravention of the statute then in force — Gen. Stats., ch. 61, sec. 12 (since changed by Pamphlet Laws, 1871, ch. 20, sec. 1); and it was held in Brown v. Brown, 50 N. H. 538, that the laying out would, in a proper proceeding, be adjudged erroneous. The principal question now presented is, whether the proposed amendment shall be allowed upon proof of the facts alleged in the answer.
The making of the return was not a “ merely ministerial act,” but a substantial and essential part of the duties of the selectmen. A vacancy…
2Cited by2 opinions
- State v. FletcherSupreme Court of New Hampshire · 2009
- Underwood v. BaileySupreme Court of New Hampshire · 1875