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Suit may thereafter be brought only "on the grounds set forth in the claim". § 6933.
Mr. Justice HARLAN concurs in the judgment of the Court on the grounds set forth in this concurring opinion.
Upon the hearing of the petition for the writ he was discharged, upon grounds set forth in an elaborate opinion by Judge HUGHES, holding the circuit court.
The petition further alleged that the act of congress under which petitioner was prosecuted was unconstitutional, and the imprisonment of petitioner unlawful, on various grounds set forth at length.
Because of Triplett v. Lowell, petitioner did not plead estoppel and respondents never had an opportunity to challenge the appropriateness of such a plea on the grounds set forth in Part IIIA of this opinion.
"We're going to file an appeal in which we will not only challenge the conviction on the grounds set forth in this letter," Mr. Dreyer said, "but on the further grounds that the entire indictment should be dismissed on the merits".
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In it the petitioner relied entirely on the second ground set forth before.
The railroad premises not having been platted, the mayor and council adopted a map of the city engineer, on which the right of way and station grounds were set forth in proper quarter block districts.
The trial court and appellate court are without jurisdiction to consider grounds not set forth in the claim". Atari, Inc. v. State Board of Equalization, 170 Cal.App.3d 672, 67216216 Cal.Rptr.
Again, if, instead of suing to enforce the lien given by the statute, the state had levied upon the property of the bank, the officer making the levy could have been enjoined, at the suit of the bank, upon the very ground now set forth in its answer, namely, that the statute under which that officer proceeded was repugnant to the contract clause of the constitution of the United States.
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