Law Library Volume 33

Law Library Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ...disposition to encroach, ampliare jurisdictionem; or, on the other hand, temporal courts have no jealousy, no wish to resort to fictions and teclinicalities; they look (where not bound by former decisions directly in point) to the real substance and sound sense of the question--to that which is really beneficial to the suitors, the public, and the subjects of the country. There is quite as much business in all the courts as, under the increase of wealth and population, the institutions are able to discharge."(c) A prohibition will be granted to the spiritual court in all cases where the ecclesiastical judge pro ceeds in a matter out of his jurisdiction, (d) though the temporal court has not cognizance of the matter for which the libel is in the spiritual court for it is a sufiicient cause for a prohibition, that the ecclesiastical court, exceeds its jurisdiction.(e) The courts of common law have, in all cases in which matter of a temporal nature has incidentally arisen, granted prohibitions to courts acting by the rules of the civil law, where such courts have decided on such temporal matters in a manner different from that in which the courts of common law would decide upon the same.(f) A prohibition to the spiritual court may be granted by the court of chancery.(g) The sentence of the ecclesiastical court cannot be reversed in a summary way, but by appeal only to the proper judges; nor can a prohibition to that court be granted upon a petition, but it may be done by motion, and a proper suggestion, showing that they have no jurisdiction.(/2) Though the ecclesiastical courts have the sole cognizance of the validity of marriages, yet where statutes are made upon such points of exclusive jurisdiction, the courts of common law have more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236860667
  • 9781236860668