 | 1890 - 542 pages
...out by Mr. Justice Field in delivering the opinion of the court in Bradley v. Fisher, supra, must be observed between excess of jurisdiction and the clear...clearly no jurisdiction over the subject-matter," said the learned justice, "any anthority exercised is a usurped anthority, and for the exercise of... | |
 | 1875 - 438 pages
...jurisdiction over the subject-matter, " says Justice Field, in Bradley v. fisher, 13 Wallace, 350, "any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible. But where jurisdiction... | |
 | United States. Supreme Court - 1872 - 1546 pages
...acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly. A distinction must be here observed between excess...subject-matter. Where there is clearly no jurisdiction over Opinion of the court. the subject-mutter any authority exercised is a usurped authority, and for the... | |
 | 1889 - 1878 pages
...out by Mr. Justice FIELD in delivering the opinion of the court in Bradley v. Fisher, supra, must be observed between excess of jurisdiction and the clear...is clearly no jurisdiction over the subject-matter, " said the learned justice, " any authority exercised is a usurped authority, and for the exercise... | |
 | 1889 - 948 pages
...out by Mr. Justice FIELD in delivering the opinion of the court in Bradley v. Fisher, supra, must be observed between excess of jurisdiction and the clear...clearly no jurisdiction over the subject-matter," said the learned justice, " any authority exercised is a usurped authority, and for the exercise of... | |
 | 1887 - 1910 pages
...must be here observed between excess of jurisdiction ana a clear absence of all jurisdiction over tbe subject-matter. Where there is clearly no jurisdiction...authority; and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible. But where jurisdiction... | |
 | 1926 - 1144 pages
...acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly. A distinction must be here observed between excess...absence of all jurisdiction over the subject-matter." Mr. Justice Davis dissented, with whom concurred Mr. Justice Clifford. Mr. Justice Davis said: "But... | |
 | Iowa. Supreme Court - 1881 - 828 pages
...jurisdiction, and are alleged to have been done maliciously or corruptly; and a distinction is made between excess of jurisdiction and the clear absence of all jurisdiction over the subject matter Jones v. Brown. In other cases it is held that judges of courts of limited jurisdiction... | |
 | Isaac Grant Thompson - 1882 - 962 pages
...jurisdiction, and are alleged to have been done maliciously or corruptly ; and a distinction is made between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter. In other cases it is held that judges of courts of limited jurisdiction are liable to civil actions... | |
 | Frederick Scott Wait - 1884 - 808 pages
...v. Fisher,2 Mr. Justice Field, in delivering the opinion of the United States Supreme Court, said : "A distinction must be here observed between excess...authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible. But where jurisdiction... | |
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A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter. Where there is clearly no jurisdiction over the subject-matter, any authority exercised is a usurped authority; and for... 
