Patten v. Patten
Supreme Court of New Hampshire
Bill in Equity, for an accounting and discovery. The ground of complaint alleged is that the plaintiff and defendant are co-executors of and residuary legatees under the will of Mary L. Patten, late of Claremont, that Lambert owes the estate money, that he refuses to give an account of the same, and that the estate has been so far administered that no one is interested therein except the residuary legatees.
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Bill in Equity, for an accounting and discovery. The ground of complaint alleged is that the plaintiff and defendant are co-executors of and residuary legatees under the will of Mary L. Patten, late of Claremont, that Lambert owes the estate money, that he refuses to give an account of the same, and that the estate has been so far administered that no one is interested therein except the residuary legatees. There was no personal service upon the defendant, who is a non-resident. He appeared specially and moved to dismiss the bill, “ 1. Because this court has no jurisdiction of the parties. 2.…
1Opinion of the CourtPeaslee, J.
A special appearance for the purpose of objecting to want of jurisdiction over the defendant must be limited to that purpose. If it be extended so as to present other questions for decision by the court, this objection is waived and jurisdiction is conferred. “He cannot take the chance of succeeding on any other objection to the case made against him, and at the same time reserve his exception to service or notice.” Merrill v. Houghton, 51 N. H. 61, and cases cited. In this case the defendant has appeared and argued questions that are entirely distinct from that of jurisdiction over himj It…
2Cases cited4 opinions
- Wood v. . BrownNew York Court of Appeals · 1866
- Elmendorf v. LansingNew York Court of Chancery · 1820
- Sheehan v. KennellySupreme Court of Georgia · 1861
- Stiver v. Heirs of StiverOhio Supreme Court · 1837
3Cited by9 opinions
- Dolber v. YoungSupreme Court of New Hampshire · 1923
- In re Estate of O'DwyerSupreme Court of New Hampshire · 1992
- Morel v. MarableSupreme Court of New Hampshire · 1980
- Reynolds v. ChaseSupreme Court of New Hampshire · 1935
- Fitzhugh v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1921
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