| Elijah Paine - Civil procedure - 1830 - 684 pages
...courts, proceeding according to the course of the civil law) is the only mode of reviewing the decision of a court of record, proceeding according to the course of the common law.34 It is said, that whenever a new jurisdiction is created by statute, and the court or judge that... | |
| Thomas Campbell Foster - Judgments - 1851 - 448 pages
...to ™uabtil£r;!e°f the acts of the state (/). A record in our law is defined to be a oordmemorial of an act or proceeding of a Court of record, proceeding according to the course of the common law, entered on parchment for the preservation of it (g) ; and is of so high a nature that no averment... | |
| Tennessee. Supreme Court, William Gordon Swan - Law reports, digests, etc - 1854 - 756 pages
...common law, independent of the statute, to revise the proceeding ; it being the final order and judgment of a court of record, proceeding according to the course of the common law. If the appeal in error were allowed, it would have the effect to suspend the judgment of removal,... | |
| United States. Court of Claims - Law reports, digests, etc - 1858 - 1096 pages
...COUNTY OF CLINTON, ss. On this 3d day of October, 1820, personally appeared in open court, it being a court of record, proceeding according to the course of the common law, and having the power of fine and imprisonment, and keeping record of their proceedings in and... | |
| Nathan Howard (Jr.) - Civil procedure - 1859 - 618 pages
...justice's court, if demanded. (Act c/1818, 2 RL 570, § 95 ; 2 RS 242, § 93.) And at all events, in a court of record proceeding according to the course of the common law, in a court. (2 RS 409, § 4.) This action, then, regarded as one at law to recover a penalty or... | |
| New York (State). Court of Common Pleas (City and County of New York) - Law reports, digests, etc - 1860 - 662 pages
...Act of 1813, vol. 2, Revised Laws, 870, § 95 ; 2 Revised Statutes, 242, § 93. And at all events, in a court of record, proceeding according to the course of the common law. 2 Rev. Stat. 409, § 4. This action, then, regarded aa one at law to recover a penalty or to remove... | |
| Law - 1862 - 722 pages
...WRIT OF ERROR DEFINED. A writ of error is an original writ, issuing from the supreme judicial court to a court of record, proceeding according to the course of the common law, requiring the record and proceedings of the complaint, indictment or information on which judgment... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1865 - 642 pages
...the cause ; and it seems to be well settled, by the English authorities, that after final judgment in a court of record, proceeding according to the course of the common law, the only remedy is by writ of error. But where the court below is not a court of record, or does... | |
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