History of a Law Suit, in the Circuit Court of Tennessee
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In our eReader you can find the full English version of the book. Read History of a Law Suit, in the Circuit Court of Tennessee Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book History of a Law Suit, in the Circuit Court of Tennessee
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The cases in which it is employed as a principal remedial process, that is, by which the party complaining, brings his case intothe Circuit Court for- redress, may be arranged under three heads : 1. Where the law gives no appeal from the inferior tribunal, whose action is complained of.
2. Where an appeal is allowed, but the party has lost the benefit of it, and resorts to the certiorari as a substitute for the appeal.
3. Where the judgment of the inferior tribunal is not com- plained of, but e...xecution is improperly issued, and the defend- ant wants that quashed. In this case, the certiorari is used, instead of the old writ of Audita Querela.
Sec. 183. Where there is no appeal from the inferior tri- bunal. This is the case in regard to Courts Martial, and many other special tribunals whose adjudications affect the rights of the citizen, and whose proceedings are summary, and not ac- cording to the course of the common law; In all such cases, if any one considers himself injured, either on the ground that the inferior tribunal has transcended its power, or has commit- ted an error in the exercise of it, he may, by petition, apply to the Circuit Court, or a judge thereof, for a certiorari, and have the case removed into that court, where the proceedings of the special tribunal will be quashed, if they appear to have been inconsistent with the law.
What to read after History of a Law Suit, in the Circuit Court of Tennessee?
You can find similar books in the "Read Also" column, or choose other free books by Caruthers, Abraham, 1803-1862 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The cases in which it is employed as a principal remedial process, that is, by which the party complaining, brings his case intothe Circuit Court for- redress, may be arranged under three heads : 1. Where the law gives no appeal from the inferior tribunal, whose action is complained of.
2. Where an appeal is allowed, but the party has lost the benefit of it, and resorts to the certiorari as a substitute for the appeal.
3. Where the judgment of the inferior tribunal is not com- plained of, but e...xecution is improperly issued, and the defend- ant wants that quashed. In this case, the certiorari is used, instead of the old writ of Audita Querela.
Sec. 183. Where there is no appeal from the inferior tri- bunal. This is the case in regard to Courts Martial, and many other special tribunals whose adjudications affect the rights of the citizen, and whose proceedings are summary, and not ac- cording to the course of the common law; In all such cases, if any one considers himself injured, either on the ground that the inferior tribunal has transcended its power, or has commit- ted an error in the exercise of it, he may, by petition, apply to the Circuit Court, or a judge thereof, for a certiorari, and have the case removed into that court, where the proceedings of the special tribunal will be quashed, if they appear to have been inconsistent with the law.
What to read after History of a Law Suit, in the Circuit Court of Tennessee?
You can find similar books in the "Read Also" column, or choose other free books by Caruthers, Abraham, 1803-1862 to read onlineMoreLess
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