 | Jarvis Dinsmoor - 1921 - 852 pàgines
...appointed by the court and the court observes: "Now under the rule declared in the Swearengen case that nothing shall be intended to be out of the jurisdiction of a superior court, or court of general jurisdiction but that which appears to be so, the decree in question will have... | |
 | 1928 - 848 pàgines
..."sets up a Superior Court, and it is the rule as regards presumption of jurisdiction in such a Court that .... nothing shall be intended to be out of the...Court, but that which specially appears to be so." 24 Now, although by subsec. 14 of sec. 92 of the BNA Act the provincial Legislatures have the right... | |
 | Sir William Searle Holdsworth - 1924 - 758 pàgines
...superior courts is not so limited. Hence we get the rule, stated in 1666 in the case of Peacock v. Bell* " that nothing shall be intended to be out of the jurisdiction...superior court but that which specially appears to be knowledge of his lack of jurisdiction ; Groenvelt v. Burwell (1698) i Ld. Raym. 454; Doswell v. Impey... | |
 | United States. Supreme Court - 1926 - 1242 pàgines
...proceeding within the general scope of its powers, is presumed to act rightly within its jurisdiction; that nothing shall be "intended to be out of the jurisdiction...court but that which specially appears to be so." Peacock v. Bell, 1 Wms' Saund. 74. When a judgment of a court of superior authority is attacked collaterally... | |
 | Virginia. Supreme Court of Appeals - 1909 - 984 pàgines
...she was not present in court, or that the notice? were not served. It is one of the maxims of the law that '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 jurisdictional fact may not be affirmed... | |
 | Burr W. Jones, James Max Henderson - 1926 - 944 pàgines
...doctrine has been long since declared in a lcading case as follows: "The rule for jurisdiction is this, that nothing shall be intended to be out of the jurisdiction of 4 SE 202; American Cent. Ins. Co. v. P. 351; Weiland v. Williams, 21 Nev. Green, 16 Tex. Civ. App.... | |
 | 1887 - 672 pàgines
...a judgment by extrinsic evidence. Freeman, in his work on Judgments, second edition, § 124, says: "Nothing shall be intended to be out of the jurisdiction of a superior rourt. but that which expressly appears to be so.4 Hence, though the existence ol any jurisdictional... | |
 | New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, George Wheelock Burbidge, Arthur I. Trueman, John L. Carleton, George W. Allen, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1901 - 710 pàgines
...In Peacock v. Bell (1) the rule as to pleading is well expressed thus : " 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... | |
 | 1922 - 648 pàgines
...when dealing with a Superior Court, as the Court of King's Bench is. And the rule for jurisdiction is, that nothing shall be intended to be out of the...Court, but that which specially appears to be so; on the contrary, nothing shall be intended to be within the jurisdiction of an Inferior Court but that... | |
 | 1888 - 1056 pàgines
...said to be "that nothing shall be intended to be out of the jurisdiction of a superior court butthat which specially appears to be so; and, on the contrary,...jurisdiction of an inferior court but that which is so expressly alleged;" and this statement of the rule has been frequently approved. "Superior courts,"... | |
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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... 
