| Rollin Carlos Hurd - 1858 - 714 páginas
...rules have been suggested, some of which are well settled. It is a well established and leading rule, that, " Nothing shall be intended to be out of the jurisdiction of a superior court except that which specially appears to be so ; on the contrary, nothing shall be intended to be within... | |
| Illinois. Supreme Court - 1866 - 610 páginas
...JURISDICTION. WHEN PRESUMED AND WHEN NOT. 1. In respect to superior courts. "The rule for jurisdiction is this, that nothing shall be intended to be out of the jurisdiction...court, but that which specially appears to be so." Dwibar v. Hallomell et al. 168. 2. As to inferior courts. "And, on the contrary, nothing shall be intended... | |
| Illinois. Supreme Court - 1852 - 820 páginas
...intended to be out of the jurisdiction of a supcrior court, except that which specially appears to be so ; on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court unless it is so expressly alleged. The statute which prohibits the suing a defendant out of the county... | |
| Illinois. Supreme Court - 1841 - 704 páginas
...Court is not an inferior court, but an original superior court. 1 Saund. 73-4 ; 3 Blac. Com. 24. " 3. 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... | |
| Illinois. Supreme Court - 1841 - 688 páginas
...the court below, is not informal. Cogswell v. Vanderburgh, 1 Caines, taken from 2 Johns. Dig. 97. 7. Nothing shall be intended to be out of the jurisdiction of a superior court, which does not expressly appear to be so. 1 Saund. 74, Peacock v. Bell and Kendall. Per Curium : The... | |
| Illinois. Supreme Court - 1874 - 648 páginas
...common law and in chancery ; and when so acting it is a court of superior jurisdiction, and the rule is, that nothing shall be intended to be out of the jurisdiction of such a court but that which appears to be. Where a court of superior jurisdiction exercises statutory... | |
| United States. Supreme Court - 1874 - 726 páginas
...Peacock v. Bell,] in ID Car. II. 'The rule for jurisdiction is, that nothing shall be intended to bo out of the jurisdiction of a superior court but that which specially appears to be so.' This, too, was said of a county court, which though inferior to the KB, yet say the court, ' that does... | |
| South Carolina. Court of Appeals, J. S. G. Richardson - 1867 - 316 páginas
...in England, where it has been held, without question, that nothing shall be intended to be without the jurisdiction of a superior 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 expressly... | |
| John H. Colby - 1868 - 796 páginas
...in New Yori has no authority to administer an oath in Canada,7 The general rule as to jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but thai which specially appears to be so, and on the contrary, nothing shall be intended to be within... | |
| Pennsylvania. Supreme Court, Jasper Yeates - 1871 - 564 páginas
...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.... | |
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