 | United States. Supreme Court, William Cranch - 1812 - 516 pages
...any power at all, it is an original power. " It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted." I quote the words of the court in the case of Marbury v. Madison, And so far is this clause from giving... | |
 | Nicholas Baylies - 1814 - 478 pages
...done. Marbury v. Madison. 1 Crancli, 170. 74 It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does Hot create that cause. 1 Cranch, 175. A mandamus may he directed to inferior courts. Ibid. 75 A mandamus... | |
 | Nathan Dane - 1824 - 768 pages
...laws of his country for a remedy: 10. That it is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted and does not create the cause : 11. But this court, except in the'two cases of original jurisdiction, has only appellate... | |
 | Elijah Paine - 1830 - 684 pages
...jurisdiction must be appellate, not original. It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a...already instituted, and does not create that cause. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for... | |
 | Joseph Story - 1833 - 800 pages
...jurisdiction of these courts would, in all the cases enumerated in the constitution, be exclusive of state jurisdiction is, that it revises and corrects the...jurisdiction, therefore, necessarily implies, that the subject matter has been already instituted in, and acted upon, by some other court, whose judgment... | |
 | Joseph Story - 1833 - 800 pages
...what is here meant by appellate jurisdiction ; and what is the mode, in which it may be exercised. The essential criterion of appellate jurisdiction...cause already instituted, and does not create that i dayman v. Southard, 10 Wheat. R. 1 ; Palmer v. Allen, 7 Cranch, R. 550; Gibbons v. Ogden, 9 Wheat.... | |
 | Edward Deering Mansfield - 1834 - 284 pages
...is appellate jurisdiction ? " The essential criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a cause already instituted, and does not create that cause." The appellate jurisdiction may be exercised in a variety of forms,—indeed in any form which the Legislature... | |
 | Edward Deering Mansfield - 1834 - 284 pages
...is appellate jurisdiction ? " The essen-tial criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a cause already instituted, and does not create that cause." The appellate juris-diction may be exercised in a variety of forms,—indeed in any form which the... | |
 | Edward Deering Mansfield - 1836 - 304 pages
...is appellate jurisdiction? "The essen-tial criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a cause already insti-tuted, and does not create that cause." The appellate jurisdiction may be exercised in a variety of forms,— indeed in any form which the... | |
 | John Marshall - 1839 - 762 pages
...jurisdiction must be appellate, not original. It is the essential criterion of appellate jurisdiction, that il revises and corrects the proceedings in a cause already instituted, and does not create that cause. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for... | |
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It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause. 
