James v. Appel, 192 U.S. 129 (1904)

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James v. Appel

No. 108

Argued December 17, 1903
Decided January 4, 1904
192 U.S. 129

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

Syllabus

A statute copied from a similar statute of another state is generally presumed to be adopted with the construction which it already has received.

There is no unconstitutional assumption of judicial power, or anything inconsistent with the grant of common law jurisdiction to the courts of the territory, in the Legislature of Arizona enacting that motions for new trials are deemed to have been overruled if not acted upon by the end of the term at which made, the question to be subject to review by the supreme court as if the motion had been overruled by the court and exceptions reserved.

The facts are stated in the opinion.