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State v. Kennedy

State v. Kennedy.

State v. Kennedy, 23 A. 431 (N.H. 1889)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
December 5, 1889
Judges
Doe, Carpenter
Citations
23 A. 43165 N.H. 247
Headnotes
An injunction decree under c. 77, Laws 1887, cannot he impeached collaterally.
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Doe

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 119772026peak 1977 · 1

Relies on it most ⓘ

  1. State v. Linsky379 A.2d 813 (N.H. 1977)

Most recent

  1. State v. Linsky379 A.2d 813 (N.H. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kittredge v. Martin, 6 N.E. 95 (Mass. 1886) 8

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