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No appeal lies to the Supreme Court at Washington in criminal cases. All questions that concern more than one State, or that are litigated between citizens of different States, or which are international in their bearing, come before the national judges. All cases in which foreigners are concerned, or the rights of foreigners, are brought or may be brought into the national courts.
"I will write immediately," replied Mr Campbell, "to acquaint Mr Harvey, that although I litigated the point as long as the claim was considered doubtful, now that he informs me that the other party is the legal heir, I beg that all proceedings may be stopped, as I am willing to give immediate possession." "Do so, my dear," replied his wife, embracing him.
The accident which caused Bracciolini to choose this convent, the most famous in Germany, as the place whence his forgery was to emanate, was his forming the acquaintance of a member of the abbey, who attended in the name of his brother Benedictines to watch a case that was being litigated for the monastery in the ecclesiastical courts of Rome.
It is practically impossible to establish in every instance a plain line of demarcation between legislative, executive and judicial functions. Courts, for instance, make rules of practice. In one sense this is a judicial act, because it is one appropriate for the judiciary. In another point of view it is an act of legislation. In nothing does it resemble the act of judging a litigated cause.
Keen intellects from the bench, aided perhaps by keener ones from the bar in forty-five different jurisdictions, are discussing the problems of the day as they appear mirrored in litigated causes. What is a new question in one State was set at rest ten years or ten days ago by a judicial decision in another.
N.B. In the above I speak of the Bishops as men interested in a litigated estate. God forbid, I should seek to justify them as Christians. Ib. p. 369. 'Quære'. Whether in the 20th Article these words are not inserted; 'Habet Ecclesia auctoritatem in controversiis fidei'.
The better occasion for wonder is that it survives at all. We are both legislated and litigated out of all reason.
They go so far as to say that answers so given should not conclude the same court in a litigated case arising subsequently. An earnest and commendable desire to win leads the counsel to search not only libraries but his own brain for the strongest reasons that he can summon upon which to base a judgment in behalf of his client. Why is it that a great Bar makes a great court?
In that spacious Hall, a coalition of the gown, from all the bars of it, driving a damn'd, dirty, vexatious cause before them, with all their might and main, the wrong way! kicking it out of the great doors, instead of, in and with such fury in their looks, and such a degree of inveteracy in their manner of kicking it, as if the laws had been originally made for the peace and preservation of mankind: perhaps a more enormous mistake committed by them still a litigated point fairly hung up; for instance, Whether John o'Nokes his nose could stand in Tom o'Stiles his face, without a trespass, or not rashly determined by them in five-and-twenty minutes, which, with the cautious pros and cons required in so intricate a proceeding, might have taken up as many months and if carried on upon a military plan, as your honours know an Action should be, with all the stratagems practicable therein, such as feints, forced marches, surprizes ambuscades mask-batteries, and a thousand other strokes of generalship, which consist in catching at all advantages on both sides might reasonably have lasted them as many years, finding food and raiment all that term for a centumvirate of the profession.
But far be it from me to suppose, that by Gog and Magog and the Lord Mayor's show he means a satire upon any person or body of persons whatever: or, by a tedious litigated trial of blind judges and dumb matrons following a wild goose chase all round the world, he should glance at any trial whatever.
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