Carpenter v. Fisher A.
Supreme Court of New Hampshire
But state courts have never been excluded from jurisdiction of cases that merely “affect” consuls. If Fisher had not been named in the writ as a codefendant, it could not have been pretended that the case was against him, and the fact that it might “ affect ” him by leading to a suit for contribution would not have brought it within any of the statutes, even if it might under the constitution have given a concurrent jurisdiction to the-supreme court of the United States.
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But state courts have never been excluded from jurisdiction of cases that merely “affect” consuls. If Fisher had not been named in the writ as a codefendant, it could not have been pretended that the case was against him, and the fact that it might “ affect ” him by leading to a suit for contribution would not have brought it within any of the statutes, even if it might under the constitution have given a concurrent jurisdiction to the-supreme court of the United States. Nor would the case be one-against Fisher because he wras named in the writ as a eodefendant and appeared specially for the…
1Opinion of the CourtCarpenter, C. J.
As a general rule, equity having acquired jurisdiction of a cause disposes of all questions the decision of which is necessary to its final determination. Eastman v. Bank, 58 N. H. 421; Moody v. Lucier, 62 N. H. 584, 587, 588. The question of the amount of damages caused to a prevailing defendant by a preliminary injunction is incidental to the principal issues. It is to be determined upon equitable principles, in view of all the circumstances of the case. In an investigation of the merits, all or nearly all the evidence affecting the damages is heard and considered. Neither party lias a…
2Cases cited7 opinions
- Eastman v. Savings BankSupreme Court of New Hampshire · 1878
- Martin v. WigginSupreme Court of New Hampshire · 1892
- Levy v. WoodcockSupreme Court of New Hampshire · 1885
- Moody & Co. v. LucierSupreme Court of New Hampshire · 1883
- Solomon v. ChesleySupreme Court of New Hampshire · 1879
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3Cited by2 opinions
- Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953
- Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953