Percy Summer Club v. Welch
| Decision Date | 15 March 1890 |
| Citation | 66 N.H. 180,28 A. 22 |
| Parties | PERCY SUMMER CLUB v. WELCH. |
| Court | New Hampshire Supreme Court |
Exceptions from Coos county; before Justice A. P. Carpenter.
Bill by the Percy Summer Club to enjoin Jacob W. Welch from fishing in North pond, in the town of Stark. A temporary injunction was granted, and defendant moves to dissolve it Injunction dissolved, and bill dismissed.
O. Ray, for plaintiff.
Ladd & Fletcher, for defendant.
The bill cannot be maintained. Manufacturing Co. v. Robertson, 66 N. H. 1, 25 Atl. 718; State v. Welch, 66 N. H. —, 28 Atl. 21. Injunction dissolved, and bill dismissed.
CARPENTER and BINGHAM, JJ., did not sit The others concurred.
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5 cases
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Percy Summer Club v. Astle
...Concord Mfg. Co. v. Robertson, 66 N.H. 1, 25 A. 718, 18 L.R.A. 679; State v. Welch, 66 N.H. 178, 28 A. 21, and Percy Summer Club v. Welch, 66 N.H. 180, 28 A. 22. In the last two cases the question was definitely whether a pond containing 300 to 500 acres, situated in the midst of a tract of......
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State v. George C. Stafford & Sons, Inc.
...for public use. R.L. c. 182, §§ 17, 18; Concord Manufacturing Co. v. Robertson, 66 N.H. 1, 25 A. 718, 18 L.R.A. 679; Percy Summer Club v. Welch, 66 N.H. 180, 28 A. 22; State v. Sunapee Dam Co., 70 N.H. 458, 50 A. 108, 59 L.R.A. 55; Whitcher v. State, 87 N.H. 405. Meredith Bay in Lake Winnip......
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Percy Summer Club v. Astle
... ... 1, 25 A. 718, 18 L.R.A. 679. The issue there ... was entirely aside from the question involved here, because ... there the boundary was by the pond, which necessarily ... excludes the title to its soil. State v. Gilmanton, ... 9 N.H. 461, 463 ... [145 F. 58] ... In State v. Welch, however, 66 N.H. 178, 28 A. 21, ... also decided in 1889, and not reported until 1896, and a case ... which also related to this particular pond ( Percy Summer ... Club v. Welch, 66 N.H. 180, 28 A. 22), apparently ... decided at the same time as State v. Welch, the precise issue ... we have ... ...
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State v. Welch
... ... a part of Stratford; that the other three lots have always been a part of Stark, formerly Percy; that in the original survey of the townships some of the boundary lines of those four contiguous ... in the indictment that North pond was "owned by, and wholly within the control of, the Percy Summer Club;" that the club owned the land around the pond, and had made improvements, and expended money ... ...
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1 books & journal articles
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Three cases/four tales: commons, capture, the public trust, and property in land.
...Parker v. Cutler Milldam Co., 20 Me. 353 (1841); Dill v. Inhabitants of Wareham, 48 Mass. (7 Met.) 438 (1844); Percy Summer Club v. Welch, 28 A. 22 (N.H. 1890); State v. Welch, 28 A. 21 (N.H. 1890); Arnold v. Mundy, 6 N.J.L. 1 (1821); Rogers v. Jones, 1 Wend. 237 (N.Y. Sup. Ct. 1828); Shrun......