Public-domain · open source
OpenJurist

65 N.H. 247

23 A 431

State v. Kennedy

Supreme Court of New Hampshire

Decided December 5, 1889

Supreme Court of New Hampshire · decided 1889-12-05

Attachment, for violation of an injunction decree made with the defendant’s written consent, under c. 77, Laws 1887. The defendant took exceptions, based on a claim that his consent was obtained by duress, intimidation, and threats of criminal prosecution, and that the petition for the injunction was defective.

Relies on State v. Richmond · Wingate v. Haywood · Fowler v. Brooks

Good law ✅— No negative treatment on recordhow we know

Decided 1889-12-05

How this case has been cited

Cited by 8 later decisions — most recently October 1977

8 state decisions

401889189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Doe, C. J.

¶1 The decree rendered by a court having jurisdiction is not void. It can be impeached only in a direct proceeding seasonably instituted by a party asking that it be reversed, quashed, or vacated. State v. Richmond, 26 N. H. 232, 237, 242, 243, 246; Wingate v. Haywood, 40 N. H. 437; Horne v. Rochester, 62 N. H. 347; Charles v. Davis, 62 N. H. 375 ; Blanchard v. Webster, 62 N. H. 467; Fowler v. Brooks, 64 N. H. 423; McDonald v. Drew, *248 64 N. H. 547; Kittredge v. Martin, 141 Mass. 410 ; Freeman Judg., cc. 6, 13, 21, and ss. 134, 135, 285-287; High Inj., ss. 1416-1418, 1425. If the validity of a judgment could be contested collaterally, a second judgment, avoiding the effect of the first without a direct and express annulment of it, would be subject to a like attack, and there would be no termination of litigation by a final decision.

¶2 Exceptions overruled.

Carpenter, J., did not sit: the others concurred.
/65/nh/247 · .json · Public domain