 | Jacob D. Wheeler - Common law - 1833 - 646 pages
...in a situation to subject her to the jurisdiction of that court, also examinable ? This question, in the opinion of the court, must be answered in the...power of the court to render that judgment ; or in oilier words, on its jurisdiction over the subject matter, which it has determined. In some cases,... | |
 | Jacob D. Wheeler - Common law - 1834 - 626 pages
...having jurisdiction over the subject matter of its judgment, is conclusive upon the title to the thing. Upon principle it would seem that the operation of every judgment must depend upon the power of the court to render judgme.it; or in other words on its jurisdiction over the subject... | |
 | United States. Supreme Court - Law reports, digests, etc - 1845 - 852 pages
...looked into, and its authority to decide questions which it professes to decide, must be considered." " Upon principle, it would seem, that the operation...over the subject-matter which it has determined." In the case of Elliott and others v. Piersol ahd others, 1 Peters, 340, it was-held by this court, that... | |
 | Joseph Story - Commentaries - 1846 - 1148 pages
...examinable? This question, in the opinion of the Court, must be answered in the affirmative. ^ 589. "Upon principle, it would seem, that the operation...cases, that jurisdiction unquestionably depends, as weH on the state of the thing, as on the constitution of the court. If by any means whatever a prize... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...Waldoborough, 5 Grcenl. R. 185. * In Rose v. Himely, 4 Cranel,, R. 269, 270, Mr. Chief Justice Marshall says: "Upon principle, it would seem that the operation...judgment must depend on the power of the court to Tender that judgment; or in other words, on its jurisdiction over the subject-matter which it has determined.... | |
 | United States. Congress. Senate - United States - 1858 - 868 pages
...place, persons, and things. — (Per Holt, CJ, in Annesley vs. Dixon, Rep. Temp., Q. Ann., 104, 105.) " Upon principle, it would seem that the operation of...jurisdiction unquestionably depends as well on the stale of the thing as on the constitution of the court. If, by any means, a prize court should be induced... | |
 | United States. Court of Claims - Law reports, digests, etc - 1858 - 1096 pages
...vs. Himely, (4 Cranch, 269,) Chief Justice Marshall, in delivering the opinion of the court, said : " Upon principle, it would seem that the operation of...jurisdiction over the subject-matter which it has determined. * * * Upon principle, then, it would seem that, to a certain extent, the capacity of the court to act... | |
 | Melville Madison Bigelow - Estoppel - 1872 - 732 pages
...in a situation to subject her to the jurisdiction of that court also examinable? This question, in the opinion of the court, must be answered in the...principle it would seem that the operation of every judg- , ment must depend on the power of the court to render that judgment ; or, in other words, on... | |
 | Abraham Clark Freeman - Judgments - 1873 - 590 pages
...in a situation to subject her to the jurisdiction of that court, also examinable? This question, in the opinion of the court, must be answered in the...judgment; or, in other words, on its jurisdiction over the subject matter which it has determined. In some cases, that jurisdiction unquestionably depends as... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1887 - 738 pages
...did so act, the matter must remain an open question. In 4 Cranch, 241, Chief Justice Marshall said: "Upon principle it would seem that the operation of...over the subject-matter which it has determined." In 1 Peters, 340, it was held by the Supreme Court of the United States, "that where a court has jurisdiction,... | |
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... which it has determined. In some cases, that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn, as prize of war, a vessel... 
