Code of Civil Procedure

“ The circumstances disclosed require that we determine what constitutes the decision or judgment from which an appeal lies in this case. We are without the benefit of a rule such as Rule 58 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which provides that 'the notation of a judgment in the civil docket as provided by Rule 79 (a) constitutes the entry of the judgment; and the judgment is not effective before such entry.'
The judgment of a court is the judicial determination or sentence of the court upon a matter within its jurisdiction. ”

“ Cases which came here directly, prior to the Judiciary Act of February 13, 1925, 43 Stat. 936, to review the jurisdiction of the district courts, whether on appeal or through the informal procedure of auxiliary writs, are therefore not relevant precedents for the present case. ”

“ The Legal Aid and Advice Act (Cap. 160, 2014 Ed.) is amended—
(a) by deleting the definition of “judge” in section 2 and substituting the following definition: “ “judge”, in relation to any proceedings, means the person (however described) who decided those proceedings;”; (b) by inserting, immediately after the words “Rules of Court,” in the following provisions, the words “Family Justice Rules or”: Sections 10 (3) and 17 (2) ; (c) by repealing section 19 and substituting the following section: “Rules regulating practice and procedure of court 19. ”

“ Subject to section 23, the Family Justice Rules or, prior to their enactment, the Rules of Court shall regulate and prescribe the procedure on appeals from a Family Court exercising jurisdiction of a quasi-criminal or civil nature to the High Court.
Agreement not to appeal from Family Court exercising civil jurisdiction
33. No appeal shall lie from any judgment or order of a Family Court exercising civil jurisdiction if, before the judgment or order is given or made, the parties agree in writing signed by them or their solicitors that the judgment or order shall be final. ”

“ The 22d section of the former of these laws declares, that from any final judgment or decree in civil actions and suits in equity brought in a circuit court by original process, or removed there from a state court, or by appeal from a district court, a writ of error may be brought to the supreme court, at any time within five years, the citation being signed by a judge of such circuit court, or by a justice of the supreme court, and the adverse party having at least thirty days notice. ”

“ Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.
Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal. ”

“ The great changes effected by the Judicature Acts included the court for divorce and matrimonial causes. Under their operation a division of the high court of justice was constituted, under the designation of the probate division and admiralty division, to which was assigned that class of legal administration governed mainly by the principles and practice of the canon and civil law. The division consists of a president, and a justice of the high 341 court, with registrars representing each branch of the jurisdiction. Appeals lie to the court of appeal, and thence to the House of Lords. ”

“ What is the effect of the judgment? It is one of a court of record having jurisdiction of the subject and over the parties to the suit. It annuls the bonds of matrimony-as the act of a competent tribunal the judgment must be presumed to have been rightfully rendered, until the contrary appears. This rule applies as well to every judgment or decree rendered in the various stages of a cause, from initiation of a suit to the final adjudication, affirming that the plaintiff either has or has not a right of action ”

“ Relevancy of certain judgments in probate etc., jurisdiction A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing not as against any specified person but absolutely, is relevant when the existence of any legal character, or the title of any such person to any such thing, is relevant. ”

“ The applicable statutes are not patently defective in any vital respect and we should not assume, in advance of a decision by the state court, that they should be construed so as to deprive appellant of the due process to which he is entitled under the Federal Constitution. ”

“ Section 128 defines the class of cases in which the circuit court of appeals may exercise appellate jurisdiction, and, where a case falls within this class, a proceeding to procure the issue of a writ in aid of the exercise of that jurisdiction must be regarded as incidental thereto, and hence as being embraced within the purview of § 239, authorizing the court to certify questions of law. ”

“ Summarized, the decisions are directly to the effect that the first provision invests each of the District Courts with general jurisdiction of all civil suits between citizens of different states, where the matter in controversy is of the requisite pecuniary value, and that the other provision does not detract from that general jurisdiction, but merely accords to the defendant a personal privilege respecting the venue, or place of suit, which he may assert, or may waive, at his election. ”

“ The procedure as to cases not within the acts of 1848, 1849 and 1907 is regulated by the Crown Ofhce Rules of 1906, and s. 2 of the judicature Act 1894, which gives the High Court certain powers of drawing inferences of fact from the evidence taken in the court below. ”

“ Having considered, the Court found that the case is subject to the administrative court jurisdiction according to section 9, paragraph 1, (1) and (3) , of the Act Establishing the Administrative Courts and the Administrative Court Procedure, BE 2542 (1999) (“AAC”) , and that only the 1st Petitioner is capable of suing before an administrative court pursuant to sections 42, paragraph 1, 49 and 72 of the same. ”

“ Justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law. ”

“ Rule 4 (f) serves only to implement the jurisdiction over the subject matter which Congress has conferred, by providing a procedure by which the defendant may be brought into court at the place where Congress has declared that the suit may be maintained. Thus construed, the rules are consistent with each other and do not conflict with the statute fixing venue and jurisdiction of the district courts. ”

“ The term 'appellate' in the Constitution is not used in a restricted sense, but in the broadest sense, as embracing the power to review and correct the proceedings of subordinate tribunals brought before it for examination in the modes provided by law. Congress has prescribed the mode or process by which such proceedings shall be brought before the court. In equity cases, it is by a simple notice that an appeal is taken from the decree or proceeding sought to be reviewed; in common-law cases, it is generally by writ of error ”

“ Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsections (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance. ”

“ A preliminary injunction was denied by the District Court and on appeal the decree was affirmed, and the appellant's counsel consenting if the Court decided that the State Court had jurisdiction, the bill was dismissed. 29 F. (2d) 31. ”

“ Section 7 of the judiciary act of March 3, 1891, as amended by the act of February 18, 1895 (28 Stat. at L. 666, chap. 96) , provided that where upon a hearing in equity in a district court or a circuit court, an injunction should be granted, continued, refused, or dissolved by an interlocutory order or decree, or an application to dissolve an injunction should be refused, an appeal might be taken from such interlocutory order or decree to the circuit court of appeals within thirty days from the entry of such order or decree ”

“ But the contention of the government is inadmissible for the reason that it does not appear that the objection as to the district was raised below, and the decision of the district court which has jurisdiction 'concurrent with the court of claims' of the subject-matter of such an action within the prescribed limit as to amount (Judicial Code, § 24, ¶20 [36 Stat. at L. 1093, chap. 231, Comp. Stat. 1913, § 991 (20) ] ) was invited upon the merits. ”

“ When the special powers conferred are brought into action according to the course of that law, that is, in the usual form of common-law and chancery proceedings, by regular process and personal service, where a personal judgment of decree is asked, or by seizure or attachment of the property where a judgment in rem is sought, the same presumption of jurisdiction will usually attend the judgments of the court as in cases failling within its general powers. ”

“ When, in a criminal case, a bill of exceptions has, within thirty days after the taking of an appeal, been prepared, agreed to by counsel for the United States and the appellant, and 'submitted' by filing the same with the clerk of the District Court, but when the trial judge does not settle and sign the bill within said thirty days, but does settle and sign the same thereafter, is the bill of exceptions properly settled and signed? ”

“ All persons are charged with knowledge of the provisions of statutes and must take note of the procedure adopted by them and when that procedure is not unreasonable or arbitrary there are no constitutional limitations relieving them from conforming to it. ”

“ The petitioner applied to this court for certiorari directed to Judge Bond. The writ was issued on account of the importance of the jurisdictional questions involved [p458] and conflicting decisions [1] upon the constitutional question presented. In awarding the writ, we requested counsel to discuss the jurisdiction of this court,
particularly (1) whether the decision below is that of a court within the meaning of § 237 [2] of the Judicial Code, and (2) whether state remedies, either by appeal or by application to other judges or any other state court, have been exhausted. 1. ”

“ As to Question 4.-Section 239 authorizes the Circuit Court of Appeals to certify to this court 'any questions or propositions of law concerning which instructions are desired for the proper decision of the cause.' It is well settled that this statute does not authorize the lower court to make, or require this court to accept, a transfer of the case. ”

“ Petitioner urges that the Board, or its division, is not required by the statute to consider the evidence and hence that the procedure contemplated by section 906 does not meet the requirements of due process. We find no merit in these contentions. There is no provision of the statute which is necessarily inconsistent with the observance of the due process required in hearings by administrative bodies. ”

“ It is no part of the duty of the clerk to note in his entries the exceptions taken, or to note any other proceedings of counsel, except as they are preliminary to, or the basis of, the orders of judgment of the court. To be of any avail, exceptions must not only be drawn up so as to present distinctly the ruling of the court upon the points raised, but they must be signed and sealed by the presiding judge. ”

“ The statute requires the supreme court of the District, at general term, to review, upon appeal, any order, judgment, or decree of the special term, involving the merits of the action or proceeding. (2) The judgment of the special term admitting a will to probate and record, pursuant to the verdict of the jury upon issues relating to the competency of the deceased to make a will, clearly involves the merits of the controversy, because it establishes the validity as a will of the writing offered for probate. ”

“ The Circuit Court of Appeals is without authority either to try the issues posed by the petition and answer on the affidavits on file, or, to do as the dissenting judge below suggests, hold a full dress trial.
The federal courts have only such powers as are expressly conferred on them. Certain original jurisdiction is vested in this court by the Constitution. Its powers as an appellate court are those only which are given by statute. ”

“ By § 266 of the Judicial Code, a suit in which application is made and pressed for an interlocutory injunction 'restraining the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission' is required to be heard by a court of three judges constituted as the section prescribes. ”