Wingate v. Haywood
Supreme Court of New Hampshire
In Equity. The plaintiffs sought to have an alleged judgment of the Superior Court of Judicature against them, in favor of the defendant, set aside and vacated, or a perpetual injunction issued against the enforcement thereof, on the ground that the same had been improperly rendered ; that court having no jurisdiction of the action, or not having undertaken to exercise any, or said judgment having been rendered by accident, mistake or fraud, in derogation of the rights of…
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In Equity. The plaintiffs sought to have an alleged judgment of the Superior Court of Judicature against them, in favor of the defendant, set aside and vacated, or a perpetual injunction issued against the enforcement thereof, on the ground that the same had been improperly rendered ; that court having no jurisdiction of the action, or not having undertaken to exercise any, or said judgment having been rendered by accident, mistake or fraud, in derogation of the rights of the plaintiffs, and while they had a good defence to the action, which they were prevented from making, without any fault…
1Opinion of the CourtFowler, J.
The important question in the case before us relates to the validity of the alleged judgment in favor of the defendant against the plaintiffs, in the Superior Court, July term, 1843.
All judgments, properly rendered by a court having jurisdiction of the cause and of the parties, are conclusive between those parties and their privies. State v. Richmond, 26 N. H. 232.
The jurisdiction of a superior court of common law is to be presumed, unless the contrary appears; and nothing shall be intended to be out of its jurisdiction, but that which specially appears to be so. State v. Richmond, 26 N. H.…
2Cases cited8 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Reigal v. WoodNew York Court of Chancery · 1815
- Stafford v. the Union Bank of LouisianaSupreme Court of the United States · 1854
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3Cited by1 opinion
- James Conant & a. v. Timothy O'Meara & a.Supreme Court of New Hampshire · 2015