 | Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 604 lehte
...here allude to the act of 1803, Sec 2, which provides that all equity and admiralty case?, (that ll cases where the proceedings are not according to the course of the common law,) are to be carried to the supreme court by appeal, and not " upon a writ of error," as wan provided... | |
 | 1852 - 1048 lehte
...Local Courts, whenever the sum in dispute shall exceed 5l." On the other hand it has been held, that where the proceedings are not according to the course of the common law a certiorari will lie after judgment: (1 Tidd's Practice, p. 401.) And Holt, CJ, in the case of... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 686 lehte
...of error lies, as in cases at common law. No writ of certiorari lies, as in cases in other tribunals where the proceedings are not according to the course of the common law. If it be urged that a refusal to give conclusive effect to a decree of court appointing an administrator... | |
 | Francis Joseph Troubat, William Worthington Haly - 1867 - 670 lehte
...An appeal lies where the proceedings are in equity, or according to equitable forms. Certiorari lies where the proceedings are not according to the course of the common law ; or where the court is not of record.5 The right to issue it follows the creation of a new jurisdiction,... | |
 | Isaac Fletcher Redfield - 1870 - 708 lehte
...Certiorari in 5 Pet. Ab. 149, et seq., shows that the certiorari is the substitute for a writ of error, in cases where the proceedings are not according to the course of the common law, and where, by consequence, no writ of error lies ; and it extends to such proceedings as laying... | |
 | Ohio. Supreme Court - 1873 - 518 lehte
...said that the writ of certiorari is essentially a writ of error. It is true, it lies only in those cases where the proceedings are not according to the course of the common law; but the writ itself constitutes a part of the body of the common law. And if it were the creature... | |
 | Michigan. Supreme Court - 1880 - 696 lehte
...that there was a judgment upon which the order was founded. It is true, as a general proposition, that in cases where the proceedings are not according to the course of the common law, the party seeking any benefit from them is bound to show their conformity to the statute under... | |
 | Albert Poole Jacobs, Henry Allen Chaney - 1889 - 1158 lehte
...depend for its validity upon a strict conformity to the statute : Weimer v. Sunburn, 30 M. 201. 207. In cases where the proceedings are not according to the course of the common law, the party seeking any benefit from them is bound to show their conformity to the statute under... | |
 | 1883 - 330 lehte
...limited jurisdiction ; or second, are conducted under a special authority granted by statute ; or third, where the proceedings are not according to the course of the common law, no presumption of jurisdiction exists. Jurisdiction of the subject matter and of the person must... | |
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... where the proceedings are not according to the course of the common law, nor inrolled , such as the county-court, courts of hundreds, court-baron, &c. 
