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" This power of removal is not to be found in express terms in any part of the constitution ; if it be given, it is only given by implication, as a power necessary and proper to carry into effect some express power. The power of removal is certainly not,... "
THE AMERICAN ANNUAL CYCLOPAEDIA - Side 248
1864
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Reports of Cases Argued and Adjudged in the Supreme Court of the United States

United States. Supreme Court, Henry Wheaton - 1816 - 614 sider
...argument we are considering has been attempted to be sustained. This power of removal is not to be found in express terms in any part of the constitution...removal is certainly not, in strictness of language; it presupposes an exercise of original jurisdiction to have attached elsewhere. The existenceof this...
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Reports of Cases Argued and Adjudged in the Supreme Court ..., Volum 1;Volum 14

United States. Supreme Court - 1816 - 576 sider
...argument we are considering has been attempted to be sustained. This power of removal is not to be found in express terms in any part of the constitution; if it be given, it 10 only given by implication, as a power necessary and proper to carry into effect some express power....
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Commentaries on the Constitution of the United States: With a ..., Volum 3

Joseph Story - 1833 - 800 sider
...we are considering, has been attempted to be sustained. § 1739. "This power of removal is not to be found in express terms in any part of the constitution...original jurisdiction to have attached elsewhere. The existence of this power of removal is familiar in courts, acting according to the course of the...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 sider
...argument we are considering has been attempted to be sustained. This power of removal is not to be found in express terms in any part of the constitution...original jurisdiction to have attached elsewhere. The existence of this power of removal is familiar in courts acting according to the course of the...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volum 1

George Ticknor Curtis - 1854 - 674 sider
...argument we are considering has been attempted to be sustained. " This power of removal is not to be found in express terms in any part of the Constitution...removal is certainly not, in strictness of language ; it presupposes an exercise of original jurisdiction to have attached elsewhere. The existence of...
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The American Annual Cyclopædia and Register of Important Events ...

1864 - 878 sider
...be found in exprès» terms in any part of the Constitution ; if it bo given, it is only given 1Л implication, as a power necessary and proper to carry...original jurisdiction ; it presupposes an exercise of origiual jurisdiction to have attached elsewhere. " In the State courts. The existence of this power...
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Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1872 - 886 sider
...his difficulty. This is the language of Chief-Justice Marshall: This power of removal is not to be found in express terms in any part of the Constitution...in strictness of language, an exercise of original jurisdjction ; it presupposes an exercise of original jurisdiction to have attached elsewhere. " In...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 80

United States. Supreme Court - 1872 - 1546 sider
...upon the same foundation, and would stand or fall together. In reasoning to this conclusion he says: ''The power of removal is certainly not in strictness...exercise of original jurisdiction ; it presupposes jurisdiction to have elsewhere attached." But it is a misapplication of terms to style that an exercise...
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Commentaries on the Constitution of the United States: With a ..., Volum 2

Joseph Story - 1873 - 752 sider
...we are considering has been attempted to be sustained. § 1745. " This power of removal is not to be found in express terms in any part of the Constitution...exercise of original jurisdiction to have attached elsewhere.1 The existence of this power of removal is familiar in courts acting according to the course...
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Notes of Constitutional Decisions: Being a Digest of the Judicial ...

Orlando Bump - 1878 - 474 sider
...special remedy in its own courts. Mason v. Boom Company, 3 Wall. Jr. 252. Removal from Stale Courts. by implication, as a power necessary and proper to carry into effect some express power. The removal of a cause is an indirect mode by which the Federal courts acquire original jurisdiction. Railway...
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