Jurisdiction Practice And Peculiar Jurisprudence of the Courts of the United S
Jurisdiction Practice And Peculiar Jurisprudence of the Courts of the United S
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Newbold, 18 Howard, 511; Farney v. Towle, 1 Black, 350; Messenger v. Mason, 10 Wallace, 507. They are in the affirmative of the proposition, — that the record must show that the particular clause of the law, treaty, or Constitution was brought to the notice of the court. On the other hand, so far as respects the Constitution of the United States, the record need not show that the particular clause was THE SUPREME COURT. 41 brought to the notice of the court, as in the cases of Brid(je Proprieto...rs v. Hohoken Company, 1 Wallace, 116, and Furman v. NicJiol, 8 Wallace, 44, to which I have already referred for another purpose.
Perhaps a solution of the question may be found by inquiring in each case whether the record satis- factorily shows that one of the jurisdictional ques- tions was raised and decided, and how decided.^ It would generally be difficult to make these appear without evidence what statute, treaty, or consti- tutional provision was brought to the attention of the court, and relied on; but, as in the case of Furman v.
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You can find similar books in the "Read Also" column, or choose other free books by Benjamin Robbins Curtis to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Newbold, 18 Howard, 511; Farney v. Towle, 1 Black, 350; Messenger v. Mason, 10 Wallace, 507. They are in the affirmative of the proposition, — that the record must show that the particular clause of the law, treaty, or Constitution was brought to the notice of the court. On the other hand, so far as respects the Constitution of the United States, the record need not show that the particular clause was THE SUPREME COURT. 41 brought to the notice of the court, as in the cases of Brid(je Proprieto...rs v. Hohoken Company, 1 Wallace, 116, and Furman v. NicJiol, 8 Wallace, 44, to which I have already referred for another purpose.
Perhaps a solution of the question may be found by inquiring in each case whether the record satis- factorily shows that one of the jurisdictional ques- tions was raised and decided, and how decided.^ It would generally be difficult to make these appear without evidence what statute, treaty, or consti- tutional provision was brought to the attention of the court, and relied on; but, as in the case of Furman v.
What to read after Jurisdiction Practice And Peculiar Jurisprudence of the Courts of the United S?
You can find similar books in the "Read Also" column, or choose other free books by Benjamin Robbins Curtis to read onlineMoreLess
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