State v. Kennedy

23 A. 431, 65 N.H. 247

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1889
• Status: Published

Opinion

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, 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.