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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... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Σελίδα 46
των New York (State). Supreme Court, John Lansing Wendell - 1846
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Commentaries on the Law of Criminal Procedure: Or, Pleading ..., Τόμος 1

Joel Prentiss Bishop - 1872 - 806 σελίδες
...for the trial of petty offences, is, as the reader is aware, deemed one of inferior jurisdiction. " And the rule for jurisdiction is, that nothing shall...a superior court, but that which specially appears [in the record, allegations, or other papers] to be so ; and, on the contrary, nothing shall be intended...

Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 22

Great Britain. Courts - 1872 - 684 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...superior court but that which specially appears to be so, or anything within the jurisdiction of au inferior court but that which is so expressly alleged, Peacock...

A Collection of Cases Decided in the Court of Review of British Guiana: 1856 ...

British Guiana. Court of review - 1873 - 282 σελίδες
...within the rule as expressed in the case of Peacock v. Bell — 1st, Saimders, p. 74, viz. : — " The rule for " jurisdiction is, that nothing shall...Court, but that which specially appears " to be so ; nothing shall be intended to be within the jurisdiction " of an Inferior Court, but that which is...

A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1873 - 590 σελίδες
...by the judgment roll, no attempt may have been made to perform some act essential to jurisdiction. "Nothing shall be intended to be out of the jurisdiction of a superior court, but that which expressly appears to be so."1 Hence though the existence of any jurisdictional fact may not be affirmed...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1874 - 978 σελίδες
...Peacock v. Bell (1), where the Court is put on the footing of a superiorConrt and within the rule, "that nothing shall be intended to be out of the jurisdiction of a superior Court, but that which especially appears to be so." Now the case of Forbes v. Smith (2), which arose under the Common Law...

A Treatise on the Right of Personal Liberty: And on the Writ of Habeas ...

Rollin Carlos Hurd - 1876 - 720 σελίδες
...In the argument of the case of Peacock v. Bell,1 the rule as to pleading is well expressed thus: ' The rule for jurisdiction is that nothing shall be...superior court, but that which specially appears to be'so;' - 'nothing shall be intended to be within the jurisdiction of an inferior court but that which...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 18

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 σελίδες
...defendants. David Evans, Esq., and AG Horn, Esq., for respondent. The rule for jurisdiction is' this: That nothing shall be intended to be out of the jurisdiction...superior court but that which specially appears to be so. Peacock v. Bell, 1 Saund., 74; Kenny v. Greer, 13 Ills., 432; Royse v. Turnbaugh, 117 Ind., 539. The...

Criminal Procedure; Or, Commentaries on the Law of Pleading and Evidence and ...

Joel Prentiss Bishop - 1880 - 862 σελίδες
...When a justice of the peace sits for the trial of a cause, his is a court of inferior jurisdiction. " And the rule for jurisdiction is, that nothing shall...a superior court but that which specially appears [in the record, allegations, or other papers] to be so ; and, on the contrary, nothing shall be intended...

A Law Dictionary, Adapted to the Constitution and Laws of the ..., Τόμος 2

John Bouvier - 1883 - 876 σελίδες
...presumptions are made in fa /or of judicial proceedings. Thus, it is an undoubted rule of pleading that nothing shall be intended to be out of the jurisdiction of a superior court but that which is so expressly alleged; 1 Saund. 74; 10 QB 411, 455-459. So, also, it is presumed, with respect to...

The Pacific Reporter, Τόμος 2

1884 - 948 σελίδες
...Thornton, 98 111. 168. In the leading case of Peacock v. Bdl, 1 Saund. 73, the rule is thus stated: "Nothing shall be intended to be out of the jurisdiction of a superior court, but that which especially appears to be so; and, on the contrary, nothing shall be intended to be within the jurisdiction...




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