 | Joseph Goodeve - 1871 - 914 pàgines
...itself, or by reasonable intendment from it. But it is otherwise in & superior Court, the rule being " that nothing shall be intended to be out of the jurisdiction...jurisdiction of an inferior Court but that which is so expressly alleged" (5). Presumption in Under this presumption, deeds or other documents of adequate... | |
 | Pennsylvania. Supreme Court, Jasper Yeates - 1871 - 564 pàgines
...taking advantage of the want of jurisdiction : Aliter of the Courts of Westminster. Carth. 11, 12. Nothing shall be intended to be within the jurisdiction of an inferior court, but what is expressly averred or alleged to be so. 1 Bac. 562. 2 Lord Raytn. 1310. 1 Saund. 74. 1 Vent.... | |
 | Great Britain. Courts - 1872 - 684 pàgines
...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, or anything within the jurisdiction of au inferior court but that which is so expressly alleged, Peacock... | |
 | Joel Prentiss Bishop - 1872 - 806 pàgines
...offences, is, as the reader is aware, deemed one of inferior jurisdiction. " And the rule for jurisdiction is, that nothing shall be intended to be out of the...a superior court, but that which specially appears [in the record, allegations, or other papers] to be so ; and, on the contrary, nothing shall be intended... | |
 | British Guiana. Court of review - 1873 - 282 pàgines
...expressed in the case of Peacock v. Bell — 1st, Saimders, p. 74, viz. : — " The rule for " jurisdiction is, that nothing shall be intended to be out of the...Court, but that which specially appears " to be so ; nothing shall be intended to be within the jurisdiction " of an Inferior Court, but that which is... | |
 | Abraham Clark Freeman - 1873 - 590 pàgines
...by the judgment roll, no attempt may have been made to perform some act essential to jurisdiction. "Nothing shall be intended to be out of the jurisdiction of a superior court, but that which expressly appears to be so."1 Hence though the existence of any jurisdictional fact may not be affirmed... | |
 | 1874 - 978 pàgines
...Peacock v. Bell (1), where the Court is put on the footing of a superiorConrt and within the rule, "that nothing shall be intended to be out of the jurisdiction of a superior Court, but that which especially appears to be so." Now the case of Forbes v. Smith (2), which arose under the Common Law... | |
 | Nathaniel Cleveland Moak - 1875 - 1038 pàgines
...Lancaster is *a superior court : and in Peacock v. Bell Q it is laid [194 down in the most direct terms "that nothing shall be intended to be out of the jurisdiction...jurisdiction of an inferior court but that which is so expressly alleged." The Court of Common Pleas at Lancaster, therefore, is put exactly on the same... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875 - 674 pàgines
...£ush, 70 JURISDICTION. See WATER CRAFTS, 1, 2. 1. Superior and Inferior Courts. — Intendment. — Nothing shall be intended to be out of the jurisdiction...court but that which specially appears to be so ; and nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly... | |
| |
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... 
