Reports of Cases Argued and Adjudged in the Supreme Court of the United States in August and December Terms 1801 and February Term 1803 - [February Te

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1812 Excerpt: ...persons not within it., February 20. Marshall, Ch. J. delivered the opinion of the court as follows: In this case two points are made by the plaintiff in error. 1. That the judgment rendered by the court of common pleas, which is supposed to bar the plaintiff's title, is clearly erroneous. 2. That it is an ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1812 Excerpt: ...persons not within it., February 20. Marshall, Ch. J. delivered the opinion of the court as follows: In this case two points are made by the plaintiff in error. 1. That the judgment rendered by the court of common pleas, which is supposed to bar the plaintiff's title, is clearly erroneous. 2. That it is an absolute nullity, and is to be entirely disregarded in this suit. However clear the opinion of the court may be, on the first point, in favour of the plaintiff, it will avail her nothing unless she succeeds upon the second. Without repeating, therefore, those arguments which have been so well urged at the bar, to show that the inquisition in this case did not warrant the judgment which was rendered on it, the court will proceed to inquire whether that judgment, while unreversed, does not bar the plaintiff's title. The law respecting the proceedings of inferior courts, according to the sense of that term as employed in the English books, has been correctly laid down. The only question is, was the court, in which this judgment was rendered, " an inferior Lessee court," in that sense of the term? v Kennedy. All courts from which an appeal lies are inferior v-" v" eourts in relation to the appellate court before which their judgment may be carried; but they are not therefore inferior courts in the technical sense of those words..They apply to courts of a special and limited jurisdiction, which are erected on such principles that their judgments, taken alone, are entirely disregarded, and the proceedings must show their jurisdiction. The courts of the United States are all of limited jurisdiction, and their proceedings are erroneous, if the jurisdiction be not shown upon them. Judgments rendered in such cases may certainly be reversed, but ...
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Product Details

  • ISBN-13: 9781150283321
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 116
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.24 (d)

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