| Ludovic Brunet - 1901 - 174 pàgines
...inférieure : ". . .thé rule for jurisdiction is that nothing shall be intended to be out of thé jurisdiction of a superior court, but that which •specially appears to be so", and "nothing shall be intended to be within thé jurisdiction oî an inferior court but that which Î3... | |
| Abraham Clark Freeman - 1901 - 1052 pàgines
...130 Mass. 149. In 12 Encyclopedia of Pleading and Practice, 173, it is stated as the general rule, "that nothing shall be intended to be out of the jurisdiction of courts of superior general jurisdiction but that which especially appears to be so; with such courts... | |
| James Newton Fiero - 1903 - 922 pàgines
...that where a court has jurisdiction of the cause and proceeds erroneously, an action does not lie. That nothing shall be intended to be out of the jurisdiction...jurisdiction of an inferior court but that which is so expressly alleged. Art. 3. Judicial and Quasi-Judicial Officers and Proceedings. one imprisoned... | |
| 1903 - 1240 pàgines
...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... | |
| Austin Abbott - 1904 - 916 pàgines
...the complaint: because it is a settled rule of pleading that "nothing shall be intended to be without the jurisdiction of a superior court but that which...jurisdiction of an inferior court but that which is so expressly alleged."2 A court of local jurisdiction only in specified classes of cases, and to a... | |
| Missouri. Courts of Appeals - 1904 - 820 pàgines
...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 pàgines
...(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 pàgines
...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... | |
| 1905 - 1286 pàgines
...Jurisdiction, and belong to that class of courts of which it has been said: "The rule for Jurisdiction is this: that nothing shall be intended to be out of the Jurisdiction...jurisdiction of an Inferior court but that which Is so expressly alleged." Kenney v. Greer, 13 111. 432, 54 Am. Dec. 439. The Legislature of the territory... | |
| Syed Ameer Ali, Sir John George Woodroffe - 1898 - 1646 pàgines
...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:... | |
| |