Metcalf v. Gilmore
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the defendant from setting up an Illinois judgment as a defence in a suit at law brought by the plaintiff against the defendant in this county. The defendant appeared specially, and pleaded want of service. When the bill was filed the defendant was, and ever since has been, a citizen and resident of Illinois: and the bill was served on him in that state.
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Bill in Equity, for an injunction to restrain the defendant from setting up an Illinois judgment as a defence in a suit at law brought by the plaintiff against the defendant in this county. The defendant appeared specially, and pleaded want of service. When the bill was filed the defendant was, and ever since has been, a citizen and resident of Illinois: and the bill was served on him in that state. The question that would be raised by a demurrer to the bill was also submitted.
1Opinion of the CourtDoe, C. J.
It is not necessary to consider whether effective service of New Hampshire process was made upon the defendant in Illinois, since the object of service can be legally and justly accomplished by an amendment in another suit. The plaintiff has an action at law pending in this county against the defendant, in which the defendant proposes to set up his Illinois judgment as a defence. This action, being for an injunction to restrain the defendant from making that use of the judgment, may, by amendment, be joined with the pending suit at law, to the defence of which it relates. At the trial term, a…
2Cases cited2 opinions
- State v. PhillipsTennessee Supreme Court · 1850
- Currier v. EstyMassachusetts Supreme Judicial Court · 1872
3Cited by18 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Milne v. Burlington Homes, Inc.Supreme Court of New Hampshire · 1977
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Brooks v. HowisonSupreme Court of New Hampshire · 1885
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