Fowler v. Brooks
Supreme Court of New Hampshire
Replevin, for a carriage and harness. One Durgin brought an action against the plaintiff before a justice of the peace whose father was a cousin of the father of Durgin’s wife. Fowler appeared and filed with the justice a written objection to his jurisdiction, on the ground of bis relationship to Durgin. The justice overruled the objection, and .rendered judgment in favor of Durgin, from which no appeal was taken.
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Replevin, for a carriage and harness. One Durgin brought an action against the plaintiff before a justice of the peace whose father was a cousin of the father of Durgin’s wife. Fowler appeared and filed with the justice a written objection to his jurisdiction, on the ground of bis relationship to Durgin. The justice overruled the objection, and .rendered judgment in favor of Durgin, from which no appeal was taken. An execution was issued upon the judgment, by virtue of which a deputy sheriff took the chattels in question, then the property of the plaintiff, and sold them regularly at public…
1Opinion of the CourtCarpenter, J.
Durgin’s wife and the justice were second cousins. By the common law of this state, a judge related to either party within the fourth degree is not qualified to sit in the cause. Bean v. Quimby, 5 N. H. 94; Gear v. Smith, 9 N. H. 63 ; Sanborn v. Fellows, 22 N. H. 473; Moses v. Julian, 45 N. H. 52. The question whether he is disqualified by a more distant relationship (Sanborn v. Fellows, 22 N. H. 488) need not now be determined; because, assuming that the justice could not lawfully act in the case, the judgment was voidable only, and not void. Moses v. Julian, supra; Stearns v. Wright, 51 N.…
2Cases cited4 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Coit v. HavenSupreme Court of Connecticut · 1861
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- McCormick v. FiskeMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Carr v. DuhmeIndiana Supreme Court · 1906
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Board of Commissioners v. JusticeIndiana Supreme Court · 1892
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