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Reports of Cases Argued and Determined in the District Court of the United States for the District of Maine

Reports of Cases Argued and Determined in the District Court of the United States for the District of Maine


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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. 1873 edition. Excerpt: ...was but an obiter dictum, for in the case before the court it was alleged in the plea that the cause of action came within the jurisdiction. But with the exception of this dictum thoprecedents and the authorities are the other way. ' Foreign judgments are held to have no greater sanctity or an thority than domestic judgments of inferior courts. It must appear by the proceedings or be alleged in the plea that the court had jurisdiction of the cause, for the court will not presume, nor can it be contended that it is a presumption of law, that a foreign court has jurisdiction over parties who are inhabitants and residents of this country; Now it is not alleged in the plea nor is there anything spread on the record which shows that the foreign court had jurisdiction over the parties or the cause in this case. It appears to me, therefore, that the plea is bad not in form merely, which might be covered by pleading over, but in substance. ' The only question of doubt, as it appears to me, that can arise is whether it lies in the mouth of the plaintiff to say that a court to which he had himself voluntarily appealed, and whose authority he had invoked, had no jurisdiction to determine the matter, and that its proceedings might be treated as a nullity. If the-question stood entirely clear of authority, it is one on which I should feel inclined to pause. It seems to me to be repugnant to the first principles of social order and civil justice, that a party should be allowed to deny the competence of a tribunal of his own choosing, and to whose authority he had compelled the other party to submit. If he may, I do not see but that he may harass the adverse party with a new suit in every new jurisdiction where he may be found, without prejudice from...


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Product Details
  • ISBN-13: 9781234110581
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 156
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 123411058X
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 290 gr


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