Reports of Cases Argued and Determined Volume 6 - Bookswagon
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Home > Law Books > Jurisprudence and general issues > Reports of Cases Argued and Determined Volume 6
Reports of Cases Argued and Determined Volume 6

Reports of Cases Argued and Determined Volume 6


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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. 1871 Excerpt: ...not apply. It is just the same where a magistrate acts in excess of his jurisdiction, as where he has no jurisdiction--for as regards the excess he has none. We think, therefore, that the Plaintiff has failed to shew that if an application had been made in the proper way, this conviction or order could not have been quashed. We have already said that wherever it came it might be quashed, and we think in this ease it might have been so quashed. But it is said--and I think the whole case might very well have been limited to this simple poiut--what was done was equivalent to a quashing. A special case, by way of appeal from the magistrate's decision, was presented to this Court, and on the hearing of it, the Court reversed the magistrate's order or judgment. But "reversing" is not "quashing." Although a decision is reversed or altered, it still remains, in a certain sense, a decision. It may be a decision totally different to that first pronounced, still it is a decision on the record of the Court that first pronounced it. Quashing is a very different operation; by it the decision is completely obliterated. It was urged that it is a mere verbal distinction--that there is no substantial difference between quashing and reversing--and two cases have been cited, in which the expression "equivalent to quashing" falls from the Court of Queen's Bench. One is Charter v. Oream (J). In that case, the question now at issue did not arise; there it was simplj whether a magistrate having returned one conviction, and acted upon it, was at liberty to return another conviction, O) 13 Q. B., 216. and thus, as it were, amend the first one, and it was held 1869. that he was not to be at liberty to cure defects in one Hunter conviction, that had been ...


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Product Details
  • ISBN-13: 9781130270341
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1130270343
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr


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