 | United States. Congress. House - United States - 574 pages
...purpose, and is not comprised in the general powers arid jurisdiction of the court. It is a general rule, that nothing shall be intended to be out of the jurisdiction of a supreme court but that which specially appears to be so ; and, on the contrary, nothing s\\a\\ be intended... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 860 pages
...Dairies, 1 Ld. Raym. „/" 796., and Winford v. Powell, ibid. 1310., vis. that nothing shall MDNKLEY. be intended to be out of the jurisdiction of a superior...inferior court, but that which is so expressly alleged. MANSFIELD, CJ cited Trevor v. Wall, 1 TR 151., and said that he supposed the general rule would not... | |
 | United States. Congress. Senate - United States - 654 pages
...court. It is a general rule, that nothing shall be intended to be out of the jundiction of a supreme court but that which specially appears to be so :...nothing shall be intended to be within the jurisdiction o fin interior court but that which is so expressly alleged. (See 1st Saunders Reports, 74.) The powers... | |
 | Thomas Potts - Law - 1815 - 836 pages
...action j but then it must appear, tliat the court first possessed of the cause, had jurisdiction; and nothing shall be intended to be within the jurisdiction of an inferior court, but what u averred so to be. Qibb. 31 1. FOHNICAT1ON, the act of incontinrncy in single persons; for if... | |
 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...this case, the Bame not being laid to be infra jurisdictionem curia, the judgment is erroneous ; for nothing shall be intended to be within the jurisdiction of an inferior court but what is specially alleged, and laid so to be ; hence, this contract not being laid to be made infra... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1832 - 1068 pages
...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, nor any thing within the jurisdiction of an inferior court but that which is so expressly alleged,... | |
 | Thomas Coventry, Samuel Hughes - Law reports, digests, etc - 1832 - 672 pages
...has exceeded its own jurisdiction, unless it is apparent that it has done so. Aтm. 10 Mod. 71. 4. Nothing shall be intended to be out of the jurisdiction...superior court but that which specially appears to be so ; but, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court... | |
 | Law - 1833 - 548 pages
...statute, as upon the authority of that well known and established legal maxim, in l Sand. (Wms.) 74 a, " that nothing shall be intended to be out of the jurisdiction...Court, but that which specially appears to be so." Mr. Justice Botanquet said, " The real question here is, hat there been an txceti of juritdiction ?... | |
 | Law - 1834 - 612 pages
...accordance with the distinction; well settled in the books, and which is an important rule of pleading, that nothing shall be intended to be out of the jurisdiction of a superior court, but what expressly appears to be so, nor within the jurisdiction of an inferior court, but what is expressly... | |
 | Sir Thomas Edlyne Tomlins - Law - 1835 - 854 pages
...inferior courts are to show it at large, because they have particular jurisdictions. 1 LU. Abr. 371. Also nothing shall be intended to be within the jurisdiction of an inferior court, hut what is expressly so alleged : and if part of the cause arises within the inferior jurisdiction,... | |
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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... 
