Glossary of Technical Terms, Phrases, and Maxims of the Common Law

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Little, Brown, 1881 - Law - 305 pages

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Page 87 - The court of peculiars is a branch of and annexed to the court of arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury in the midst of other dioceses, which are exempt from the ordinary's jurisdiction and subject to the metropolitan only. All ecclesiastical causes arising within these peculiar or exempt jurisdictions are, originally, cognizable by this court ; from which an appeal lay formerly to the pope, but now, by the -statute 25 Hen.
Page 91 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Page 74 - To be holden of the lord by copy of court roll at the will of the lord according to the custom of the said manor...
Page 81 - All jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, in the exercise of his and its appellate jurisdiction, and of the same Court as a Court of Appeal in Bankruptcy...
Page 91 - A court shall be established to be called the Court of Claims, to consist of three judges, to be appointed by the President and Senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an Executive department, or upon any contract express or implied, with the government of the United States; which, may be suggested to it by a petition filed therein; and also all claims which may be referred...
Page 89 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states,, or aliens, in which latter case it shall have original but
Page 90 - The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 215 - Non refert quid notum sit judici, si notum non sit in forma judicii. It matters not what is known to the Judge, if it be not known judicially.
Page 96 - Cujus est dare, ejus est disponere (whose it ia to give, his it is to dispose) : a giver can regulate the application of his gift. Cujus est divisio, alterius est electio : whichever has the division, the other has the choice [of shares].
Page 80 - Court of Appeal in Chancery, or of the same Court sitting as a Court of Appeal in Bankruptcy: (2.) Any jurisdiction of the Court of Appeal in Chancery of the County Palatine of Lancaster...

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