The Judicial Power of the Commonwealth: With the Practice and Procedure of the High CourtC.F. Maxwell (G. Partridge & Company), 1904 - 517 pages |
Other editions - View all
The Judicial Power of the Commonwealth, With the Practice and Procedure of ... John Quick,Littleton Ernest Groom No preview available - 2015 |
JUDICIAL POWER OF THE COMMONWE John Sir Quick, 1852-1932,Littleton Ernest Sir Groom, 1867-1936 No preview available - 2016 |
Common terms and phrases
affidavit alleged allowed amendment application appointed arising Australia authority Bank cause of action cause or matter certiorari colony Commonwealth concurrent writ Const Constitution Court or Justice damages decision default defendant delivered demurrer direct District Registry documents entered entitled evidence execution exercise fact Federal Courts federal jurisdiction filed Full Court give given Government granted ground habeas corpus hearing held High Court indorsement infra injunction interlocutory interrogatories issue joinder of issue Judge judicial power Judiciary Act jury leave to appeal motion nisi officer original jurisdiction Parliament party payment pending person plaintiff pleading proceedings prohibition Queensland question quo warranto refused Registrar resident respect Rules of Court seal security for costs served sitting solicitor South Wales special leave statement of claim Statute suit supra Supreme Court thereof tion unless verdict Vict Victoria writ of mandamus writ of summons
Popular passages
Page 191 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 233 - ... who ought to have been joined, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 177 - We hold it to be an incontrovertible principle, that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it.
Page 115 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 222 - In respect of any act or transaction of his in carrying on the business connected with such property...
Page 15 - In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth...
Page 313 - ... and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such...
Page 172 - When any suit shall be removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced.
Page 96 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages liquidated or unliquidated, in cases not sounding in tort...
Page 233 - No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.