State v. Kennedy
| Decision Date | 31 December 1889 |
| Citation | 23 A. 431,65 N.H. 247 |
| Parties | STATE v. KENNEDY. |
| Court | New Hampshire Supreme Court |
Exceptions from Strafford county.
Defendant, Kennedy, was attached for violating an injunction decree, made with his consent. He pleaded that his consent was obtained by duress, and that the petition for the injunction was defective.
J. Kivel, for the State.
Dodge & Caverly, for defendant.
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; Home v. Rochester, 62 N. H. 347; Charles v. Davis, Id. 375; Blanchard v. Webster, Id. 467; Fowler v. Brooks, 64 N. H. 423, 13 Atl. Rep. 417; McDonald v. Drew, 64 N. H. 547, 15 Atl. Rep. 148; Kittredge v. Martin, 141 Mass. 410,6 N. E. Rep. 95; Freem. Judgm. cc. 6, 13, 21, §§ 134, 135, 285-287; High. Inj. §§ 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.
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...having jurisdiction cannot be impeached collaterally in a contempt proceeding, but only by a direct attack on appeal. State v. Kennedy, 65 N.H. 247, 23 A. 431 (1889). The reference in this rule to jurisdiction is that of subject matter, and not to equitable principles which are loosely refe......
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...a sufficient answer to the plaintiff's exception that this judgment is not open to collateral attack in these proceedings. State v. Kennedy, 65 N. H. 247, 23 A. 431; McKeen v. Converse, 68 N. H. 173, 176, 39 A. 435; Bickford v. Bickford, 74 N. H. 448, 451, 69 A. 579. Relief from a judgment ......
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...contention is a collateral attack, to which the judgment is not open. Fowler v. Brooks, 64 N. H. 423, 13 Atl. 417; State v. Kennedy, 65 N. H. 247, 23 Atl. 431; Kimball v. Newport, 47 Vt. 38; Mussey v. White, 58 Vt. 45, 3 Atl. 319; Kittredge v. Martin, 141 Mass. 410, 6 N. E. 95; Wilkerson v.......
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