Subject Matter

The right which one party claims as against the other, and claims the judgment of the court upon. 41 Mich. 93. The cause of action. 15 N. Y. 509. SUBJECTION (Lat. sub, under, jado, to put, throw). The obligation of one or more persons to act at the discretion or according to the judgment and will of others. Private subjection is subjection to the authority of private persons. Public subjection is subjection to the authority of public persons. SUBLATA CAUSA TOLLITUR EFFECtus. Remove the cause and the effect will cease. 2 Bl. Comm. 203, SUBLATA VENERATIONE MAGISTRAtuum, respublica rult. The commonwealth perishes, if respect for magistrates be taken away. Jenk. Cent. Cas. 48.

The cause; the object; the thing in dispute. 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 casgs only; 10 Co. 68, 76; Com. v. Johnson, 8 Mass. 87. In such case, neither a plea to the jurisdiction nor any other plea would be required to oust the court of jurisdiction. The cause would be dismissed by the court