 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...  The Pacific Reporter - Page 121894Full view - About this book
 | 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... | |
 | 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... | |
 | Thomas Coventry, Samuel Hughes - Law reports, digests, etc - 1832 - 672 pages
...to be out of the jurisdiction of a superior court but that which specially appears to be so ; but, on the contrary, nothing shall be intended to be within...inferior court but that which is so expressly alleged. Peacock v. Bей, 1 Sauud. 74. Wbitehcad v. Brown, T. Raym. 75. 5. In the admiralty court, it shall... | |
 | 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,... | |
 | John Frederick Archbold - Civil procedure - 1838 - 682 pages
...inquiry. Ruddock v. Smith, 1 Dowl. 467. *CHAFTER VI. PLEAS TO THE JURISDICTION. IT is a general rule, that nothing shall be intended to be out of the jurisdiction...inferior court, but that which is so expressly alleged. 1 Saund. 74. Bac. Abr. Pleas, E. 1. In transitory actions, the courts of Westminster have jurisdiction,... | |
 | Law - 1852 - 632 pages
...of Inferior Courts is, "that nothing shall be intended to be out of the jurisdiction of a Superior but that which specially appears to be so : and, on...jurisdiction of an Inferior Court but that which is so expresslv alleged." (Peacock v. Bell, 1 Saund. 744.) This is well illustrated in Christie v. Unu-in,... | |
 | Law - 1848 - 562 pages
...jurisdiction of the Superior Courts but that which specially appears to be so ; nothing islntended to be within the jurisdiction of an Inferior Court but that which is expressly alleged ," and therefore the majority of the Court held that the Courts of Counties Palatine,... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...Common Bench; and yet such an entry is bad in an inferior court, as it has been oftentimes adjudged. And the rule for jurisdiction is, that nothing shall be...inferior court but that which is so expressly alleged. (1) And though the * court of the county palatine is inferior to this court of Bang's Bench, yet that... | |
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