Nichols v. Smith
Superior Court of New Hampshire
Debt. The writ contained two counts; the first founded upon a judgment recovered before a justice of the peace, and the second for money had and received. The justice’s signature to the original writ in the action, in which the said judgment was rendered, was in the handwriting of the plaintiff’s attorney.
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Debt. The writ contained two counts; the first founded upon a judgment recovered before a justice of the peace, and the second for money had and received. The justice’s signature to the original writ in the action, in which the said judgment was rendered, was in the handwriting of the plaintiff’s attorney. Before the writ was thus signed, the attorney had been expressly authorised by said justice to sign for him any writs, which the attorney might think proper to make and use. The justice was not present when the writ was signed. At that time, and long before, it had been a general practice…
1Opinion of the CourtBell, J.
The general jurisdiction of the justice over the *300subject matter upon which this judgment is rendered and between any persons who may properly become parties to any such proceedings before him, is not questioned in this case. '
The judgment of a court having jurisdiction of the subject matter of an action and of the parties to it, is to be regarded as valid and conclusive between those parties, when it is brought in question in any collateral proceeding} that is, in any proceeding not specifically adapted to reverse or avoid it, and it is not liable to be impeached by plea or proof in any such…
2Cases cited12 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Hartley v. HartleyCourt of Appeals of Kentucky · 1860
- Carter v. BurleySuperior Court of New Hampshire · 1838
- Smith v. KeenSupreme Judicial Court of Maine · 1847
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