[DOWNLOAD] "Minnesota v. Hitchcock" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Minnesota v. Hitchcock
- Author : Supreme Court of the United States
- Release Date : January 05, 1902
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
A preliminary question is one of jurisdiction. It is true counsel for defendants did not raise the question, and evidently both parties desire that the court should ignore it and dispose of the case on the merits. But the silence of counsel does not waive the question, nor would the express consent of the parties give to this court a jurisdiction which was not warranted by the Constitution and laws. It is the duty of every court of its own motion to inquire into the matter irrespective of the wishes of the parties, and be careful that it exercises no powers save those conferred by law. Consent may waive an objection so far as respects the person, but it cannot invest a court with a jurisdiction which it does not by law possess over the subject matter. The question having been suggested by the court, a brief has been presented, and our jurisdiction sought to be sustained on several grounds. The question is one of the original and not of the appellate jurisdiction. The pertinent constitutional provisions are found in section 2 of article III, as follows: