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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... "
The American and English Encyclopedia of Law - Page 277
edited by - 1890
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House Documents, Otherwise Publ. as Executive Documents ..., Volume 2, Part 2

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...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

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 of a superior court but that which specially appears to be so, nor any thing within the jurisdiction of...
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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
...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 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
...entry 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...
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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
...same 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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 18

Alabama. Supreme Court - Law reports, digests, etc - 1841 - 912 pages
...adjudged bad, and properly quashed. The gem al rule in respect to the jurisdiction of courts seems to be. "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 will be...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...are courts of record, although inferior courts according to the constitution of the state, the law is, that nothing shall be intended to be out of the jurisdiction of such courts, but that which especially appears to be so ; and, on the contrary, nothing shall be intended...
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