 ... within the jurisdiction of the court from which it issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail.  Reports of Cases Argued and Determined in the Court of Queen's Bench: And ... - Stran 621avtor: Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1854Celotni ogled - O knjigi
 | 1827 - 932 strani
...the town clerk for that purpose : he need not be a deputy for general purposes. It then was objected, that the cause of action did not arise within the jurisdiction of the court of record at Dover ; and moreover, the plaintiff was not bound to prove that the cause of action arose... | |
 | Henry Roscoe - 1831 - 788 strani
...C. and P. 345. So it lias been held that the judgment of an inferior court may be avoided, by proof that the cause of action did not arise within the jurisdiction of the court. Herbert v. Cimke, 3 Doug. 101, Willes, 36 (n), SC Briscoe v. Stephens, 2 Bingh. 213. Where !i cause... | |
 | Great Britain. Court of King's Bench - 1831 - 456 strani
...37 («). 1782. Saturday, llth May. Debt on the judgment of the hundred court of St. BriaveWt. Plea, that the cause of action did not arise within the jurisdiction of the inferior court, on demurrer held good. 1782. against the said John, in the said plea, £ 3, Is. 8d.... | |
 | 1872 - 978 strani
...no breach of a contract has been made within th« jurisdiction of the Court; and secondly, the whole cause of action did not arise within the jurisdiction of the Court. If that be so, the Master had no jurisdiction, under s. 18 of the Common Law Procedure Act, 1852 (1),... | |
 | Samuel Bealey Harrison - 1835 - 894 strani
...Sweeting (in error), 1 WUs. 180. Debt on the judgment of the Hundred Court of St. Briavell's : a plea, that the cause of action did not arise within the jurisdiction of the inferior court, on demurrer held good. Herbert v. Cook, 3 Dougl. 101 ; Willes, 37, n. An inferior court... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 774 strani
...that the judgment of an inferior court, though it cannot be controverted, may yet be avoided by proof that the cause of action did not arise within the jurisdiction of the court. Wille», 36, n. — 2 Bingh. 213. led query, As to the conclusive qualities of a foreign judgment,... | |
 | Great Britain. Court of King's Bench - 1837 - 524 strani
...in the way it is now ultimately entered after the decision of that point of law. On the next point, that the cause of action did not arise within the jurisdiction of the Middlesex Court, nothing would have been easier than for the plaintiff to have sworn, in his affidavit... | |
 | Great Britain. Court of Common Pleas - 1839 - 350 strani
...the plaintiff, subject to leave reserved for the defendant to move to enter a nonsuit, on the ground that the cause of action did not arise within the jurisdiction of the court. Upon the return of the writ of false judgment, the following proceedings were returned by the sheriff:... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - 1841 - 990 strani
...If'elsh v. Troyte (a) upon this point.] It "was the duty of the plaintiff to put it beyond a doubt, that the cause of action did not arise within the jurisdiction of the County Court. In Harwood v. Lester (b), goods under the value of 40*. were delivered by the plaintiff... | |
 | Oliver Lorenzo Barbour - 1841 - 834 strani
...conclusive between the same parties upon the same subject matter. (2) Yet they may be avoided by proof i hat the cause of action did not arise within the jurisdiction of the court.(a) And it has been said that the judgment of an inferior court, not of record, may be controverted.... | |
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