Morse v. Presby
Superior Court of New Hampshire
Assumpsit, upon a promissory note signed by the defendant, dated 20th March, 1838, for $42,50, payable to the plaintiff or order, on demand, with interest annually.
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Assumpsit, upon a promissory note signed by the defendant, dated 20th March, 1838, for $42,50, payable to the plaintiff or order, on demand, with interest annually. With the general issue, the defendant pleaded specially, as follows: “ And for further plea in this behalf, by said Presby, by-leave of the court here, pleaded, the said Presby says that the plaintiff, his said action thereof against him ought not to have and maintain, because he says that he, the said Presby, on the 23d day of February, A. D. 1842, resided at Dedham, in the district of Massachusetts; that on said day he was owing…
1Opinion of the CourtBell, J.
The district courts of the United States, though of limited jurisdiction, are not inferior courts, in the technical sense of the term. If jurisdiction do not appear upon their proceedings, their judgments will be reversed on error or appeal; but they are not nullities, which may be disregarded in a collateral proceeding. McCormick v. Sullivant, 10 Wheat. 192. In this respect the district courts stand on the same footing as courts of general jurisdiction ; and the authority of such courts is always to be presumed, until the *302contrary is shown. Ruckman v. Cowell, 1 Coms. 505; Kemp v. Kennedy, 5…
2Cases cited28 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Borden v. FitchNew York Supreme Court · 1818
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Skillern's Executors v. May's ExecutorsSupreme Court of the United States · 1810
- Mills v. MartinNew York Supreme Court · 1821
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