Leading Cases in Constitutional Law Briefly Stated, With Introduction And Notes
Leading Cases in Constitutional Law Briefly Stated, With Introduction And Notes
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161 ; \ Smith, L. C. } 658.
History. This was an action in the Common Pleas against the governor of the island of Minorca for illegally imprison- ing and banishing the plaintiff without trial, on the ground that the plaintiff had presented to him a petition in an improper manner. The question left to the jury was whether the plaintiff's behaviour was such as to show that he was about to stir up sedition and mutiny. They gave him 3, ooo/. Damages.
Argument. The case was argued on error in the Ki...ng's Bench, on the ground for the defendant, that no action would lie in England for an act committed in Minorca.
Judgment. Judgment per Lord Mansfield, L. C. J. : It is impos- sible there could ever exist a doubt but that a subject born in Minorca has as good a right to appeal to the king's courts of justice as one who is born within the sound of Bow bell. To repel the jurisdiction of the king's court you must show another jurisdiction ; but here no other is even suggested. The governor must be tried in England, to see whether he has exercised the authority delegated to him legally and properly.
What to read after Leading Cases in Constitutional Law Briefly Stated, With Introduction And Notes?
You can find similar books in the "Read Also" column, or choose other free books by Ernest Chester Thomas to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
161 ; \ Smith, L. C. } 658.
History. This was an action in the Common Pleas against the governor of the island of Minorca for illegally imprison- ing and banishing the plaintiff without trial, on the ground that the plaintiff had presented to him a petition in an improper manner. The question left to the jury was whether the plaintiff's behaviour was such as to show that he was about to stir up sedition and mutiny. They gave him 3, ooo/. Damages.
Argument. The case was argued on error in the Ki...ng's Bench, on the ground for the defendant, that no action would lie in England for an act committed in Minorca.
Judgment. Judgment per Lord Mansfield, L. C. J. : It is impos- sible there could ever exist a doubt but that a subject born in Minorca has as good a right to appeal to the king's courts of justice as one who is born within the sound of Bow bell. To repel the jurisdiction of the king's court you must show another jurisdiction ; but here no other is even suggested. The governor must be tried in England, to see whether he has exercised the authority delegated to him legally and properly.
What to read after Leading Cases in Constitutional Law Briefly Stated, With Introduction And Notes?
You can find similar books in the "Read Also" column, or choose other free books by Ernest Chester Thomas to read onlineMoreLess
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