 | 1903 - 1240 σελίδες
...insufficient service appears will not rebut the presumption. In Freeman on Judgments, § 124, it is said: "Nothing shall be intended to be out of the Jurisdiction of a superior court but that which expressly appears to be so. Hence, though the existence of any Jurisdlctional fact may not be affirmed... | |
 | Missouri. Courts of Appeals - 1904 - 820 σελίδες
...the acquisition of jurisdiction, or how it was acquired, then jurisdiction is presumed; for the rule is that 'nothing shall be intended to be out of the jurisdiction of a superior court but which specially appears to be so. ' " In Schad v. Sharp, supra, an ejectment case, the jurisdiction... | |
 | James William Norton-Kyshe - 1904 - 432 σελίδες
...Holt, CJ, Ashby v. White (1703), Lord Raym. 938. See above, 1 ; COMMON LAW, 11 ; MAGISTRATES, 3, n. 3. The rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of the superior Court, but that which specially appears to be so; and on the contrary, nothing shall be... | |
 | John Dawson Mayne - 1904 - 1186 σελίδες
...depend upon the facts and circumstances of the actual case. Also, that the general rule for determining 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 ; but that nothing is intended to be... | |
 | Syed Ameer Ali, Sir John George Woodroffe - 1898 - 1646 σελίδες
...In a Court of superior jurisdiction the want of jurisdiction is not to be presumed. The rule as to jurisdiction is that nothing shall be intended to be out of the jurisdiction of a 1 Lawaon, Proa. Ev., 179, ISO; Best, Pres. Bitnvxiri DIM v. SfKfituatitad Jtftutaxr. 1. L. Ev., 187:... | |
 | 1907 - 834 σελίδες
...proceeding within the general scope of its powers, is presumed to act rightly within its jurisdiction; that nothing shall be "intended to be out of the jurisdiction...court but that which specially appears to be so." Peacock v. Bell, 1 Wins' Saund. 74. When a judgment of a court of superior authority is attacked collaterally... | |
 | United States. Supreme Court - 1907 - 782 σελίδες
...proceeding within the general scope of its powers, is presumed to act rightly within its jurisdiction; that nothing shall be "intended to be out of the jurisdiction...court but that which specially appears to be so." Peacock v. Bell, 1 Saunders, 73, 74. When a judgment of a court of superior authority is attacked collaterally... | |
 | Louis Lougee Hammon - 1907 - 748 σελίδες
...presumption.02 § 27. Judicial proceedings. (a) Jurisdiction. It is a maxim of the law that nothing is intended to be out of the jurisdiction of a superior court but that which expressly appears to be so. Hence, though the existence of any jurisdictional fact may not be affirmed... | |
 | Burr W. Jones - 1908 - 1408 σελίδες
...doctrine was long since declared in a leading case as follows: "The rule for jurisdiction is this, that nothing shall be intended to be out of the jurisdiction...court but that which specially appears to be so." 8 This rule has been fully upheld by the decisions in this country and the doctrine is well settled... | |
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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... 
