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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... "
House Documents, Otherwise Publ. as Executive Documents: 13th Congress, 2d ...
by United States. Congress. House
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Senate Documents, Otherwise Publ. as Public Documents and ..., Volume 2

United States. Congress. Senate - United States - 654 pages
...power conferred on the judges for a special purpose, and is not comprised in thr general powers and jurisdiction of the 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 : and on the contrary, nothing...
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An Analytical Digested Index to the Common Law Reports: From the ..., Volume 2

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 of a superior court but that which specially appears to be so ; but, on the contrary, nothing shall be intended...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 6

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 of a Superior Court, but that which specially appears to be so." Mr. Justice Botanquet said, " The real...
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The American Jurist, Volume 12

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,...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - Civil procedure - 1838 - 682 pages
...the costs of a common 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 of a superior court, but that which specially appears to be so ; and, on the contrary, nothing shall be...
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The Law Times, Volume 18

Law - 1852 - 632 pages
...William* v. Germaine, 7 B. & C. 468.) The rule of pleading the jurisdiction 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 the contrary, nothing shall be intended...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...in Wales, county palatine of Chester, and the court of Ely — Pigye v. Gardner, 1 Lev. 208 : for, " 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,...
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The Law Times, Volume 10

Law - 1848 - 562 pages
...expressed thus :—" The old rule I ordinary courts are bound to obey the process delifor jurisdiction is, that nothing shall be intended to be out of the jurisdiction of the Superior Courts but that which specially appears to be so ; nothing islntended to be within the...
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The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice ...

Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...is bad in an inferior court, as it has been oftentimes adjudged. And 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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 21

New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 718 pages
...footing as they would on error from a superior court. They then add and 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...
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