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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... "
A Treatise on the Law of Judgments: Including All Final Determinations of ... - Страница 97
по Abraham Clark Freeman - 1873 - 540 страници
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House Documents, Otherwise Publ. as Executive Documents ..., Том 2, Част 2

United States. Congress. House - 574 страници
...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 intended...

Reports of Cases Argued and Determined in the Court of ..., Том 4; Том 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 860 страници
...Dairies, 1 Ld. Raym. „/" 796., and Winford v. Powell, ibid. 1310., vis. that nothing shall MDNKLEY. 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...

An Analytical Digested Index to the Common Law Reports: From the Time ..., Том 2

Thomas Coventry, Samuel Hughes - 1832 - 672 страници
...has exceeded its own jurisdiction, unless it is apparent that it has done so. Aтm. 10 Mod. 71. 4. Nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so ; but, on the contrary, nothing shall be intended to be within the jurisdiction...

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

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1832 - 1068 страници
...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 an inferior court but that which...

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

1833 - 548 страници
...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 question here is, hat there been...

The American Jurist, Том 12

1834 - 612 страници
...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, but what is expressly...

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

John Frederick Archbold - 1838 - 682 страници
...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 intended to be within the jurisdiction...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1843 - 962 страници
...in Wales, county palatine of Chester, and the court of Ely — Pigye v. Gardner, 1 Lev. 208 : for, " 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, but what is expressly...

Queen's Bench Reports, Том 11

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1850 - 1170 страници
...merely that the Judge had issued the summon*, it would be enough. " The rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a superior (a) 5 M.Sf S. 248. (6) 7 QB 543. (c) Note to Colder v. Hatket, 3 Moore, Pr. CC36. XII. VICTORIA.] court,...

The Law Times, Том 18

1852 - 632 страници
...William* v. Germaine, 7 B. & C. 468.) The rule of pleading the jurisdiction of Inferior Courts is, "that nothing shall be intended to be out of the jurisdiction of a Superior but that which specially appears to be so : and, on the contrary, nothing shall be intended to be within...




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