 | George Candy - 1879 - 268 pàgines
...(9 & 10 Viet. c. 95), shows that her Majesty's Judges have never lost sight of the old rule that " nothing shall be intended to be within the jurisdiction of an Inferior Court but that which is so expressly alleged" (i). Therefore, in every case where the question was as to the construction of... | |
 | 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 - 1880 - 704 pàgines
...The Board of Commissioners of Clay County v. Markle, 46 Ind. 96, 106 : " The rule for jurisdiction is, that nothing shall be intended to be out of the...superior court, but that which specially appears to be BO ; and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court... | |
 | Joel Prentiss Bishop - 1880 - 862 pàgines
...for the trial of a cause, his is a court 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... | |
 | 1881 - 784 pàgines
...Contempt of Court, by CHARLES CHAUNCEV, is concluded. The power of Inferior Courts is treated of. " Nothing shall be intended to be within the jurisdiction of an inferior Court, but what is expressly alleged to be so." The logical result is, that they are subject to examination and... | |
 | John Bouvier - 1883 - 876 pàgines
...presumptions are made in fa /or of judicial proceedings. Thus, it is an undoubted rule of pleading that nothing shall be intended to be out of the jurisdiction of a superior court but that which is so expressly alleged; 1 Saund. 74; 10 QB 411, 455-459. So, also, it is presumed, with respect to... | |
 | 1884 - 948 pàgines
...Thornton, 98 111. 168. In the leading case of Peacock v. Bdl, 1 Saund. 73, the rule is thus stated: "Nothing shall be intended to be out of the jurisdiction of a superior court, but that which especially appears to be so; and, on the contrary, nothing shall be intended to be within the jurisdiction... | |
 | 1885 - 948 pàgines
...— and then quotes with approval from the old case of Peacock v. Bett, 1 Saund. 74, the statement that " nothing shall be intended to be out of the...jurisdiction of an inferior court but that which is so expressly alleged." The same doctrine is announced and approved by this court by the recent case... | |
 | 1904 - 1174 pàgines
...But "the proposition," said the court In Board v. Markle, 40 Ind. 96, that "the rule for jurisdiction Is that nothing shall be intended to be out of the jurisdiction of a superior court but that which especially appears to be so, and, on the contrary, nothing shall be Intended to be within the jurisdiction... | |
 | 1893 - 1176 pàgines
...(¡he was not present in court, or that the notices 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 beso." Hence, though the existence of any jurisdictional fact may not be affirmed... | |
 | United States. Supreme Court - 1885 - 1072 pàgines
...198; Foot v. Stevens, 17 Wend.. 483: Hart c. Seixas, 21 Wend., 40; Huff v. Rulchinton, 14 How., 586. Nothing shall be intended to be out of the jurisdiction of a superior court, but that which is shown to be so. Peatock v. Bell, 1 Saund.. 74; Kundolf v. T/ialheimer, 17 Barb., 606; Kenney v.... | |
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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... 
