 | Law reports, digests, etc - 1827 - 932 pages
...clerk for that purpose : he need not be a deputy for general purposes. It then was objected, that the cause of action did not arise within the jurisdiction of the court of record at Dover ; and moreover, the plaintiff was not bound to prove that the cause of action arose... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...345. So it lias been held that the judgment of an inferior court may be avoided, by proof that the cause of action did not arise within the jurisdiction of the court. Herbert v. Cimke, 3 Doug. 101, Willes, 36 (n), SC Briscoe v. Stephens, 2 Bingh. 213. Where !i cause... | |
 | Law reports, digests, etc - 1872 - 978 pages
...order. First, no breach of a contract has been made within th« jurisdiction of the Court; and secondly, the whole cause of action did not arise within the jurisdiction of the Court. If that be so, the Master had no jurisdiction, under s. 18 of the Common Law Procedure Act, 1852 (1),... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 774 pages
...judgment of an inferior court, though it cannot be controverted, may yet be avoided by proof that the cause of action did not arise within the jurisdiction of the court. Wille», 36, n. — 2 Bingh. 213. led query, As to the conclusive qualities of a foreign judgment,... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 350 pages
...plaintiff, subject to leave reserved for the defendant to move to enter a nonsuit, on the ground that the cause of action did not arise within the jurisdiction of the court. Upon the return of the writ of false judgment, the following proceedings were returned by the sheriff:... | |
 | Law - 1852 - 632 pages
...issues. The garnishee is safe by paving under the judgment of the Court, but the objection that the cause of action did not arise within the jurisdiction of the Court, if properly taken, must prevail. No agreement of counsel to abstain from taking an objection can alter... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...arrested under the process of an inferior court, is not liable to an action of trespass, although the cause of action did not arise within the jurisdiction of the court; for that JS can only take advantage thereof by pleading to the jurisdiction of the court. 10 Rep. 7f>,... | |
 | Joseph Chitty - Forms (Law) - 1851 - 786 pages
...judg. ment of an inferior court, though it cannot be controverted, may yet be avoided by proof that the cause of action did not arise within the jurisdiction of the court. Willes, 36, n. — Bingh. 213. scd query. As to the conclusive qualities of a. foreign judgment, it... | |
 | Edmund Hatch Bennett, Chauncey Smith - Equity - 1852 - 690 pages
...issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail. No agreement of counsel to abstain from making the objection can alter... | |
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... within the jurisdiction of the court from which it issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail. 
