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FOX a. v. TUFTONBOROUGH.

Objections to the form of a petition for a highway, not presented during the first four days of the return term, are waived (88th rule of court); and the statute (Gen. St., c. 207, ss. 8, 9) allows amendments in matters of form or substance, in any stage of the proceedings.

The finding of the court, to which the report of road commissioners is returned, on matters of fact, is not open to exception.

SAWYER, J.

The objections to the form of the petition, not having been made during the first four days of the return term, were waived (88th rule of court); and the statute (Gen. St., c. 207, ss. 8, 9) allows amendments, in matters of form or substance, in any stage of the proceedings.

The finding of the court, in matters of fact, is not open to exception. Patten's Petition, 16 N.H. 278; N.H. Digest, Practice, V. (b).

Exceptions overruled.

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FOX v. TUFTONBOROUGH
(Dec 1, 1876)