Burgess v. Burgess

The question in this case was decided in 1885, in Kimball v. Kimball, 63 N. H. 598, and the construction then put upon the statute in question ( Laws 1883, c. 14 ) was adopted by the legislature in 1891 by re-enactment without change. P. S., c. 175, s. 3; Parsons v. Durham, 70 N. H. 44, 45. Consent cannot confer jurisdiction where none exists. Whenever it appears that a court has no jurisdiction of the subject-matter of the suit, the proceeding is dismissed even if no objection is made. See Weeks v. Fowler, ante, p. 221.

Exception overruled.