The cause, the object, the thing in dispute. 2. It is a fatal objection to the jurisdiction of the court when it has not cognizance of the subject-matter of the action; as, if a cause exclusively of admiralty jurisdiction were brought in a court of common law, or a criminal proceeding in a court having jurisdiction of civil cases only. … [Read more...]
SUBPOENA
(A) practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2. On proof of service of a subpoena … [Read more...]
SUBJECT-MATTER
The thing in controversy or the matter spoken or written about. The cause being removed the effect ceases. When respect for magistrates is taken away the commonwealth falls. The foundation being removed the superstructure falls. Sublato principal! tollitur adjunctum. When the principal is taken away the incident is taken also. … [Read more...]
SUBLATA CAUSALLITUR EFFECTUS
Latin, meaning When the cause is removed the effect ceases. … [Read more...]
SUBLATO FUNDAMENTO CADIT OPUS
Latin, meaning When the foundation is removed the structure falls. … [Read more...]