State v. Kennedy

Supreme Court of New Hampshire
State v. Kennedy, 23 A. 431 (N.H. 1889)
65 N.H. 247
Doe, Carpenter

State v. Kennedy

Opinion of the Court

Doe, C. J.

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.

Carpenter, J., did not sit: the others concurred.

Reference

Full Case Name
State v. Kennedy.
Cited By
1 case
Status
Published