(Download) "Jackson & Sons v. Lumbermen's Mutual" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free
eBook details
- Title: Jackson & Sons v. Lumbermen's Mutual
- Author : Supreme Court of New Hampshire
- Release Date : January 07, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The plaintiff's objections to the entertainment of the defendant's objections to proceeding with the action in this jurisdiction, present no question of law. They concern matters relating to the rules of the superior court and their application or suspension. Cases involving an issue of jurisdiction over a party have no pertinence to this controversy. It is true that consent will confer that feature of jurisdiction. But where the issue concerns jurisdiction over the subject-matter a different rule prevails. Consent cannot confer a non-existent jurisdiction of subject-matter (Mansfield v. Holton, 74 N.H. 417, and cases cited; State v. Ricciardi, 81 N.H. 223; LaBonte v. Berlin, 85 N.H. 89); and objections touching jurisdiction thereof may be heard at any time. Patten's Petition, 16 N.H. 277. While this is not precisely a case involving lack of jurisdiction, in the sense that there is no power to act, yet the jurisdictional question presented has to do with the subject-matter, and not with bringing the parties within the power of the court to bind them by a judgment. In such situation, rules as to pleas in abatement or other dilatory proceedings have no application. The exception is overruled. The question whether the courts of a state will take jurisdiction of a controversy between two non-residents, is often largely one of fact. Convenience of parties, nature of the matter to be litigated, state of the local demands upon the court and kindred topics are all considered relevant to the issue. The whole subject has recently been treated at length upon an extensive review of the authorities by the Massachusetts court. Universal Adjustment Corporation v. Midland Bank, 281 Mass. 303, There is no occasion to reexamine the details critically. Application of the underlying general principle is sufficient in this instance. That ""principle is that where in a broad sense the ends of Justice strongly indicate that the controversy may be more suitably tried elsewhere, then jurisdiction should be declined."" Ib. 158.