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Home > Art, Film & Photography > Delaware Reports Volume 16; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
Delaware Reports Volume 16; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports Volume 16; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Argument for the State. In enacting this section the General Assembly exceeded the powers conferred on it, and therefore it is unconstitutional. The whole judicial power of this State is vested in the Courte enumerated in the first section of Article 6 of the amended constitution of 1832. For the purpose of this argument, however, we only have to do with three of said Courts, viz: the Superior Court, the Court of Oyer and Terminer and the Court of General Sessions of the Peace and Jail Delivery. I. The Superior Court.? This Court shall have jurisdiction of all causes of a civil nature, real personal and mixed, at common law, and all other the jurisdiction and powers vested by the laws of the State in the Supreme Court or Court of Common Pleas. Constitution, Art. 6, 3. The case before the Court, being criminal in its nature, is not included in the first clause of the above paragraph, i., ., is not of a civil nature. If, therefore, there is any jurisdiction in the Superior Court over the subject matter involved in the case now before it, it must be derived from the jurisdiction and powers vested by the laws of this State, at the time of the adoption of the present Constitution, in the Supreme Court or Court of Common Pleas. Id. In examining these two sources of jurisdiction, I will first consider that derived from the Court of Common Pleas. This Court was created about the year 1737, its jurisdiction was purely civil in its nature, and expressly so declared and defined. 1 Del. Laws, Chap. 54, 15. The Constitution of 1792 refers to this Court, but it does not define its jurisdiction, other than by the provision, that all laws of the State in force at the time of adoption of the Constitution, not inconsistent with it, remain in force, unless altered ...


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Product Details
  • ISBN-13: 9780217703222
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 226
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 0217703224
  • Publisher Date: 17 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr


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Delaware Reports Volume 16; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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Delaware Reports Volume 16; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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