Beery v. Hebron
Beery v. Hebron
Opinion of the Court
Tbe first exception, that tbe petition fixes an intermediate bound in the routes prayed for, comes too late, if it is to be considered that tbe “ westerly side of Newfound Pond” is an intermediate bound within tbe meaning of .the 81st rule of court. By rule 84, objections to this form of tbe petition must be taken before tbe order of reference to tbe commissioners, otherwise they will be considered as waived. By tbe neglect to make tbe objection before tbe order of reference, the exception, if in point of fact it exists, was waived.
As to the second exception, that tbe land-owners were not notified of tbe bearing on the recommitment, it must be understood that tbe exception is, that the land-owners generally, not including, however, the persons named in tbe order, were not notified. There was no occasion for such notice except to the Fowlers and Plummers. Tbe recommitment was for specified purposes, in no way affecting tbe interests of the other land-owners, and under specific instructions requiring tbe commissioners to proceed, upon due notice to tbe towns and to the particular landowners mentioned. It must be understood that notice was given to them, in accordance with tbe order. The terms of tbe order, considered in connection with tbe exceptions to which it refers, and to obviate which was tbe object of tbe recommitment, make it apparent that tbe whole purpose was to enable tbe commissioners to correct the errors into which they fell at tbe first bearing, by rejecting certain evidence offered by tbe towns, and making an irregular award of damages or omitting to make an award to the persons named Fowler and Plummer. In these matters tbe other land-owners, as such, bad no interest, and there was no necessity of going through tbe formality of notifying them anew. The order for tbe recommitment does not require nor contemplate notice to them. In reference to tbe third exception — tbe award of damages to David S. Fowler — this would seem to fall almost, if not quite, witbin
Exceptions overruled,.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.