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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 Law and Practice in Actions for Torts in the State of New York - Seite 174
von James Newton Fiero - 1903 - 893 Seiten
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House Documents, Otherwise Publ. as Executive Documents: 13th ..., Band 2,Teil 2

United States. Congress. House - 574 Seiten
...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 intended...
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Reports of Cases Argued and Determined in the Court of ..., Band 4;Band 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 860 Seiten
...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...inferior court, but that which is so expressly alleged. MANSFIELD, CJ cited Trevor v. Wall, 1 TR 151., and said that he supposed the general rule would not...
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Senate Documents, Otherwise Publ. as Public Documents and Executive ..., Band 2

United States. Congress. Senate - 654 Seiten
...court. It is a general rule, that nothing shall be intended to be out of the jundiction of a supreme court but that which specially appears to be so :...nothing shall be intended to be within the jurisdiction o fin interior court but that which is so expressly alleged. (See 1st Saunders Reports, 74.) The powers...
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A Compendious Law Dictionary: Containing Both an Explanation of the Terms ...

Thomas Potts - 1815 - 836 Seiten
...action j but then it must appear, tliat the court first possessed of the cause, had jurisdiction; and nothing shall be intended to be within the jurisdiction of an inferior court, but what u averred so to be. Qibb. 31 1. FOHNICAT1ON, the act of incontinrncy in single persons; for if...
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A Practical and Elementary Abridgment of the Cases Argued ..., Seite 483,Band 1

Charles Petersdorff - 1825 - 848 Seiten
...this case, the Bame not being laid to be infra jurisdictionem curia, the judgment is erroneous ; for nothing shall be intended to be within the jurisdiction of an inferior court but what is specially alleged, and laid so to be ; hence, this contract not being laid to be made infra...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1832 - 1068 Seiten
...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, nor any thing within the jurisdiction of an inferior court but that which is so expressly alleged,...
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An Analytical Digested Index to the Common Law Reports: From the ..., Band 2

Thomas Coventry, Samuel Hughes - 1832 - 672 Seiten
...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...superior court but that which specially appears to be so ; but, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court...
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The Legal Observer, Or, Journal of Jurisprudence, Band 6

1833 - 548 Seiten
...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...Court, but that which specially appears to be so." Mr. Justice Botanquet said, " The real question here is, hat there been an txceti of juritdiction ?...
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The American Jurist, Band 12

1834 - 612 Seiten
...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...
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The Law-dictionary, Explaining the Rise, Progress, and Present State ..., Band 1

Sir Thomas Edlyne Tomlins - 1835 - 854 Seiten
...inferior courts are to show it at large, because they have particular jurisdictions. 1 LU. Abr. 371. Also nothing shall be intended to be within the jurisdiction of an inferior court, hut what is expressly so alleged : and if part of the cause arises within the inferior jurisdiction,...
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