State v. Kennedy
State v. Kennedy
Opinion of the Court
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.
Exceptions overruled.
Reference
- Full Case Name
- State v. Kennedy.
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- 1 case
- Status
- Published