Morse v. Wheeler

Supreme Court of New Hampshire

Morse v. Wheeler

45 A. 561, 69 N.H. 292

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1897

StatusPublished

Cited by2 cases

This text of 45 A. 561 (Morse v. Wheeler) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morse v. Wheeler, 45 A. 561, 69 N.H. 292 (N.H. 1897).

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Opinion

Carpenter, C. J.

The laying out of a highway by the selectmen is vacated by an appeal. P. S., c. 68, ss. 2, 8; Wallace v. Brown, 25 N. H. 216, 220, 221; Stalbird v. Beattie, 36 N. H. 455, *293 456. If the law were otherwise, it might in some cases make the right of appeal practically useless to the landowner; and in all cases where the road is not finally established, might compel towns to pay damages to the landowner and perhaps other expenses, without any corresponding benefit to the public.

Exception overruled.

Parsons, J., did not sit: the others concurred.

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Carpenter, C. J.

The laying out of a highway by the selectmen is vacated by an appeal. P. S., c. 68, ss. 2, 8; Wallace v. Brown, 25 N. H. 216, 220, 221; Stalbird v. Beattie, 36 N. H. 455, *293 456. If the law were otherwise, it might in some cases make the right of appeal practically useless to the landowner; and in all cases where the road is not finally established, might compel towns to pay damages to the landowner and perhaps other expenses, without any corresponding benefit to the public.

Exception overruled.

Parsons, J., did not sit: the others concurred.

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Bluebook (online)

45 A. 561, 69 N.H. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morse-v-wheeler-nh-1897.

Opinion

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