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" It is undoubted law that 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 Practical Treatise Upon the Criminal Law and Practice of the State of New ... - Page 670
by John H. Colby - 1868
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House Documents, Otherwise Publ. as Executive Documents ..., Volume 2, Part 2

United States. Congress. House - United States - 574 pages
...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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Senate Documents, Otherwise Publ. as Public Documents and ..., Volume 2

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

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1832 - 1068 pages
...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 ..., Volume 2

Thomas Coventry, Samuel Hughes - Law reports, digests, etc - 1832 - 672 pages
...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, Volume 6

Law - 1833 - 548 pages
...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, Volume 12

Law - 1834 - 612 pages
...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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Queen's Bench Reports, Volume 11

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - Law reports, digests, etc - 1850 - 1170 pages
...indictment had stated 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,...
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The Law Times, Volume 18

Law - 1852 - 632 pages
...645 ; 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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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...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...
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The Law Times, Volume 10

Law - 1848 - 562 pages
...pleading is well expressed thus :—" The old rule I ordinary courts are bound to obey the process delifor 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 ; nothing islntended to be within the...
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