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" the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court... "
The American and English Encyclopedia of Law - Σελίδα 277
επεξεργασία από - 1890
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

House Documents, Otherwise Publ. as Executive Documents ..., Τόμος 2,Μέρος 2

United States. Congress. House - 574 σελίδες
...purpose, and is not comprised in the general powers arid jurisdiction of the court. It is a general rule, that nothing shall be intended to be out of the jurisdiction of a supreme court but that which specially appears to be so ; and, on the contrary, nothing s\\a\\ be...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1832 - 1068 σελίδες
...stated ; and, secondly, whether, if they are so, they support the pleas. It is an established rule, that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, nor any thing within the jurisdiction of...

The Legal Observer, Or, Journal of Jurisprudence, Τόμος 6

1833 - 548 σελίδες
...statute, as upon the authority of that well known and established legal maxim, in l Sand. (Wms.) 74 a, " that nothing shall be intended to be out of the jurisdiction of a Superior Court, but that which specially appears to be so." Mr. Justice Botanquet said, " The real...

The American Jurist, Τόμος 12

1834 - 612 σελίδες
...accordance with the distinction; well settled in the books, and which is an important rule of pleading, that nothing shall be intended to be out of the jurisdiction of a superior court, but what expressly appears to be so, nor within the jurisdiction of an inferior court,...

A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - 1838 - 682 σελίδες
...inquiry. Ruddock v. Smith, 1 Dowl. 467. *CHAFTER VI. PLEAS TO THE JURISDICTION. IT is a general rule, that nothing shall be intended to be out of the jurisdiction of a superior court, but that which specially appears to be so ; and, on the contrary, nothing shall be...

The Law Times, Τόμος 10

1848 - 562 σελίδες
...expressed thus :—" The old rule I ordinary courts are bound to obey the process delifor jurisdiction is, that nothing shall be intended to be out of the jurisdiction of the Superior Courts but that which specially appears to be so ; nothing islntended to be within the...

The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice ...

Great Britain. Court of King's Bench, Edmund Saunders - 1845 - 968 σελίδες
...entry is bad in an inferior court, as it has been oftentimes adjudged. And the rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a superior court, but that which specially appears to be so; and, on the contrary, nothing shall be...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 21

New York (State). Supreme Court, John Lansing Wendell - 1846 - 718 σελίδες
...same footing as they would on error from a superior court. They then add and the rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a superior court, but that which specially appears to be so, and on the contrary nothing shall be intended...

Reports of Cases Argued and Determined in the Supreme Court of Alabama, Τόμος 18

Alabama. Supreme Court - 1841 - 912 σελίδες
...adjudged bad, and properly quashed. The gem al rule in respect to the jurisdiction of courts seems to be. "that nothing shall be intended to be out of the jurisdiction of a superior court, but that which specially appears to be so ; and on the contrary, nothing will be...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 1

California. Supreme Court - 1851 - 672 σελίδες
...are courts of record, although inferior courts according to the constitution of the state, the law is, that nothing shall be intended to be out of the jurisdiction of such courts, but that which especially appears to be so ; and, on the contrary, nothing shall be intended...




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