Articoli correlati a A treatise on appellate procedure and trial practice...
Sinossi
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...by clear implication concede the constitutionality of ie statute. If the course pursued is such as to estop the party, )en, clearly enough he should be required to abide by his ssition in the trial court; but if there is no estoppel and the jestion of the validity of the statute arises incidentally, or as mere matter of detail fairly comprehended under the general ie of action pursued by the party, it should not be held that i is concluded, nor should he be held to be concluded where e question of the competency of the court to act at all in the se depends upon the validity of the legislative enactment, there is no jurisdiction without a valid statute, then, it must low that the question can not be foreclosed by waiver, or. jn by consent, since a court can not be made competent by: acts of the parties, or, which is the same thing, can not be ested with jurisdiction of the. subject save by law. The;trine that a party may estop himself from questioning the istitutionality of a statute is a settled one,1 and it is not here;stioned, nor is it encroached upon by holding that where isdiction of the subject is wholly dependent upon statute an ppel can not so operate as to create an authority that can ie only from the law-making power. 494. The Theory as Outlined by the Pleadings--The principal ry is that outlined by the pleadings, and the familiar is that parties must keep within the issues made by the dings. It is clear that a party can not successfully change heory on appeal where it is embodied or outlined in the dings upon which the issues were framed. It is held that e parties put a definite construction upon the pleadings in rial court and induce the court to act upon that construction must adhere to it on appeal.2 It is often declared that niels v. Tearney,...
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