Melville Fuller

“ The supreme court did indeed say that the territorial legislature could not have clothed boards of county commissioners with judicial powers, in view of section 1907 of the Revised Statutes of the United States, whereby the whole judicial power was elsewhere reposed; but the opinion proceeded upon the ground that the legislature had not attempted to do so.
We have repeatedly held that the validity of a statute is not drawn in question every time rights claimed under such statute are controverted; nor is the validity of an authority, every time an act done by such authority is disputed. ”

“ It shall not be necessary for a party to set forth in a pleading a copy of the instrument of writing, or the items of an account therein alleged; but unless he file a verified copy thereof with such pleadings, and serve the same on the adverse party, he shall, within ten days after a demand thereof, in writing, deliver to the adverse party a copy of such instrument of writing, or the items of an account, verified by his own oath, or that of his agent or attorney, to the effect that he believes it to be true, or be precluded from giving evidence thereof.' '2673. ”