 | United States. Congress. House - United States - 574 pages
...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 to be within the jurisdiction of an interior court but that vrYvicVisso exipres&Vj... | |
 | United States. Congress. Senate - United States - 654 pages
...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... | |
 | Thomas Potts - Law - 1815 - 836 pages
...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... | |
 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...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... | |
 | Thomas Coventry, Samuel Hughes - Law reports, digests, etc - 1832 - 672 pages
...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 of an inferior court... | |
 | Law - 1833 - 548 pages
...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 an txceti of juritdiction ?... | |
 | Law - 1834 - 612 pages
...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... | |
 | Sir Thomas Edlyne Tomlins - Law - 1835 - 854 pages
...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,... | |
 | John Frederick Archbold - Civil procedure - 1838 - 682 pages
...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...inferior court, but that which is so expressly alleged. 1 Saund. 74. Bac. Abr. Pleas, E. 1. In transitory actions, the courts of Westminster have jurisdiction,... | |
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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... 
