A Treatise on Injunctions and Other Extraordinary Remedies: Covering Habeus Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Or Review, Containing an Exposition of Principles Governing These Several Forms of Relief, and Their Practical Use; with Citations of All the Authorities to Date, Volume 2Little, Brown and Company, 1901 - Certiorari |
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Other editions - View all
Common terms and phrases
action affidavit alleged answer appeal application authority bail bill bond certiorari charged circuit court City claim commissioners committed common law complainant Constitution contempt conviction court of equity custody decree defendant demurrer denied discretion dissolution dissolve an injunction district court duty enjoin entitled equity evidence Ex parte Lange Ex parte Watkins Ex parte Wilson execution facts federal courts filed granted held imprisonment indictment inferior court Iowa issue judge judgment jurisdiction jury justice lie to compel mandamus matter ment motion to dissolve N. J. Eq offence officer Paige N. Y. party pending person petition petitioner plaintiff prisoner proper providing punish question refused relief remedy res adjudicata restrain rule statute sufficient suit supreme court temporary injunction tion trial United violation warrant writ of error writ of habeas writ of mandamus
Popular passages
Page 1496 - States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and ^agreeable to the principles and usages of law.
Page 990 - Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
Page 1521 - It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.
Page 1326 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Page 1306 - Judgments heretofore rendered against the person or persons claiming under the contract of war-risk insurance on the ground that the claim was barred by the statute of limitations shall not be a bar to the institution of another suit on the same claim. No State or other statute of limitations shall be applicable to suits filed under this section.
Page 1006 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Page 974 - The state court issued a temporary restraining order forbidding continuation of the strike and also an order to show cause why a preliminary injunction should not be granted.
Page 991 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Page 1098 - For if Congress have a constitutional power to regulate a particular subject, and they do actually regulate it in a given manner, and in a certain form, it cannot be that the state legislatures have a right to interfere; and, as it were, by way of complement to the legislation of Congress, to prescribe additional regulations, and what they may deem auxiliary provisions for the same purpose.
Page 1218 - You, therefore, are hereby commanded that such proceedings be had in said cause as, according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding.