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COMMUNICATION FROM HIS EXCELLENCY THE GOVERNOR, COVERING THE REPORT OF THE JUSTICES OF THE SUPERIOR COURT, ON THE QUESTION OF GRANTING NEW TRIALS
de New Hampshire
- Usado
- Estado
- Ver descripción
- Librería
-
Woodbridge, Connecticut, United States
Formas de pago aceptadas
Sobre este artículo
[Concord?, 1819. 35, [1 blank] pp. Disbound, a corner tear and short closed tear of title page [no text affected or lost], light toning and light scattered foxing. Good+ to Very Good.
An important pamphlet on the bedrock constitutional doctrine of separation of governmental powers. Here, Justices of the New Hampshire Superior Court strike down the Legislature's attempt to "grant new trials in any case..."
In a pending case, Merrill v. Sherburne, the New Hampshire legislature had granted Dorothy Merrill's petition for a new trial after the Superior Court had refused to do so. The Court, administering a well-deserved slap in the face to the Legislature, explains that an Act of a "legislature awarding a new trial in an action, which has been decided in a court of law, is an exercise of judicial power." A legislature may exercise only legislative power; any attempt to exercise judicial power is unconstitutional. Action by one branch of government breaches the separation of powers doctrine if that action would "defeat or materially impair the inherent functions of another branch." The Court discourses on the Separation of Powers, the history of the doctrine, and its necessity in a government of law.
FIRST EDITION. AI 48849 [3]. Cohen 1128. Not in Sabin, Marke, Harv. Law Cat., Marvin, Eberstadt, Decker.
An important pamphlet on the bedrock constitutional doctrine of separation of governmental powers. Here, Justices of the New Hampshire Superior Court strike down the Legislature's attempt to "grant new trials in any case..."
In a pending case, Merrill v. Sherburne, the New Hampshire legislature had granted Dorothy Merrill's petition for a new trial after the Superior Court had refused to do so. The Court, administering a well-deserved slap in the face to the Legislature, explains that an Act of a "legislature awarding a new trial in an action, which has been decided in a court of law, is an exercise of judicial power." A legislature may exercise only legislative power; any attempt to exercise judicial power is unconstitutional. Action by one branch of government breaches the separation of powers doctrine if that action would "defeat or materially impair the inherent functions of another branch." The Court discourses on the Separation of Powers, the history of the doctrine, and its necessity in a government of law.
FIRST EDITION. AI 48849 [3]. Cohen 1128. Not in Sabin, Marke, Harv. Law Cat., Marvin, Eberstadt, Decker.
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Detalles
- Librería
- David M. Lesser, Fine Antiquarian Books LLC
(US)
- Inventario del vendedor #
- 18285
- Título
- COMMUNICATION FROM HIS EXCELLENCY THE GOVERNOR, COVERING THE REPORT OF THE JUSTICES OF THE SUPERIOR COURT, ON THE QUESTION OF GRANTING NEW TRIALS
- Autor
- New Hampshire
- Estado del libro
- Usado
- Cantidad disponible
- 1
- Lugar de publicación
- [Concord?
- Fecha de publicación
- 1819
- Catálogos del vendedor
- AMERICANA;
Términos de venta
David M. Lesser, Fine Antiquarian Books LLC
All items guaranteed as described, and subject to prior sale. Any item returnable for any reason within ten days after receipt, in same condition as sent, for refund of purchase price. My liability limited to purchase price paid. Wrappers described when present; 'dbd' means disbound. Non-U.S. shipments charged at cost. We observe all customs regulations.
Sobre el vendedor
David M. Lesser, Fine Antiquarian Books LLC
Miembro de Biblio desde 2005
Woodbridge, Connecticut
Sobre David M. Lesser, Fine Antiquarian Books LLC
The Company, formed in 1989, specializes in the cultural, political, and social history of the Americas. Since 1993 David M. Lesser, Fine Antiquarian Books LLC has been a member of the Antiquarian Booksellers' Association of America and the International League of Antiquarian Booksellers. David M. Lesser is also a member of the American Antiquarian Society. Located in New Haven's suburb of Woodbridge, Connecticut, visitors are welcome by appointment. We issue six printed catalogues annually.
Glosario
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- First Edition
- In book collecting, the first edition is the earliest published form of a book. A book may have more than one first edition in...
- Title Page
- A page at the front of a book which may contain the title of the book, any subtitles, the authors, contributors, editors, the...
- Good+
- A term used to denote a condition a slight grade better than Good.
- New
- A new book is a book previously not circulated to a buyer. Although a new book is typically free of any faults or defects, "new"...
