Wolf Klein & Sons, Inc. v. Bronstein

It is suggested, though without the record, that counsel for the plaintiff consented to the hearing of the set-off and waived all objections to the court’s jurisdiction in that respect. Irregular procedure in a court having jurisdiction of the subject-matter may be waived by a party. Kimball v. Fisk, 39 N. H. 110; Harris v. Parker, 66 N. H. 324. But waiver cannot confer jurisdiction of the subject-matter where it does not exist. Little v. Dickinson, 29 N. H. 56, 61; State v. Kennison, 55 N. H. 242; Mansfield v. Holton, 74 N. H. 417, 421. The question of the jurisdiction to pass upon the…