A Treatise On The Law Of Res Judicata

Author : Hukm Chand
Publisher : Theclassics.Us
ISBN 13 : 9781230427447
Total Pages : 420 pages
Book Rating : 4.4/5 (274 download)

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Download or read book A Treatise on the Law of Res Judicata; Including the Doctrines of Jurisdiction, Bar by Suit, and Lis Pendens written by Hukm Chand and published by Theclassics.Us. This book was released on 2013-09 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... of such a nature that it can be maintained and whether it is well founded." And in England even at the present day zfiht from the Crown has to be obtained in each particular case before any matter is referred to the judicial tribunals for adjudication. The question has received the fullest discussion in the United States, where a?o it is unanimously held that a state is not liable to be sued in its own courts or in those of any other state without its express consent.41 In Beers v. Arkansas, the United States Supreme Court said broadly that 'it is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals. And as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and may withdraw or withhold its consent whenever it may appear that justice to the public requires it." And so absolute is the exemption of the Government from the jurisdiction of Civil Courts that if is generally held that in the absence of an express consent, a set-oti cannot be maintained against, a state for the same reasons that forbid an original suit.' This was held in Chevallier v. State, in which Hemphill, C. J., said: " It is only necessary to refer to the admitted principle that no action can be instituted on a claim against the Government at the instance of an individual, either directly, or indirectly, by way of set-off, unless Hosner, De Young, 1 Tex. 764.. in-Wall. H. Board of Liquidation c. MoComb, BZ U. 8. Ml. i o....