Legal Opinion

Merrill v. Houghton

Supreme Court of New Hampshire

Decided June 15, 1871PublishedCited by 2 opinions

This is a bill in equity, brought to redeem certain stocks of tlie plaintiff, pledged with his assent to the defendants for money loaned to one Russ. The facts sufficiently appear in the opinion of the court.

1Opinion of the CourtBellows, C. J.

The appearance of the defendants confers jurisdiction, unless it was for the sole purpose of objecting to the authority of the court to proceed. March v. Eastern Railroad Company, 40 N. H. 583. In that case, which was a bill in equity, there was a demurrer, and the first cause assigned was, that the cause of action accrued out of this jurisdiction, that is to say, in Massachusetts. And secondly, for want of equity. The court held that, as the appearance was not for the sole purpose of objecting to the authority of the court to proceed, it must be regarded as a general appearance for all…

2Cited by2 opinions

  1. Estate of Lunt v. GaylorSupreme Court of New Hampshire · 2003
  2. Morel v. MarableSupreme Court of New Hampshire · 1980

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