 It Is in the general true that the province of an appellate court is only to inquire whether a judgment when rendered was erroneous or not. But if, subsequent to the judgment, and before the decision of the appellate court, a law intervenes and positively...  Cases Determined in the Supreme Court of Washington - Page 628by Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1912Full view - About this book
 | United States. Supreme Court, William Cranch - 1812 - 486 pages
...would be a direct infraction of that law, and, of consequence, improper. It is in the general true that the province of an appellate court is only to inquire whether a judgment w/ien rendered was erroneous or not. But if, subsequent to the judgment, and before the decision of... | |
 | Theodore Sedgwick - 1857 - 774 pages
...its obligation on the courts of the United States mu«t be admitted. * * It is in the general true that the province of an appellate court is only to...governs, the law must be obeyed or its obligation denied. It is true that in mere private cases between individuals, a court will and ought to struggle hard... | |
 | United States. Supreme Court - 1857 - 688 pages
...to its rendition. It was held by'the court, in the opinion delivered by Chief Justice Marshall, that if, subsequent to the judgment and before the decision...governs, the law must be obeyed, or its obligation denied ; that, where a treaty is the law of the land, and, as such, binds the rights of parties litigating... | |
 | Richard Peters - 1860 - 836 pages
...maGeneral Principles. gistrate, and the attorney-general of the state. Ibid. 4. It is, in general, true, that the province of an appellate court is only to...intervenes, and positively changes the rule which governed in the first decision of the case, the ¡a«' must be obeyed : and if it be necessary to set... | |
 | Richard Peters - 1860 - 792 pages
...Tlie Stale of Rhode Island v. 2 he Stale of Massachusetts, 12 Peters, 657. 2. It is, in general, true, that the province of an appellate court is only to inquire whether a udgment, when rendered, was erroneous or not ; ut if subsequent to the judgment, and before the decision... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864 - 626 pages
...lite. Says Chief Justice Marshall, in The United States v. The Schooner Peggy : "It is in general true that the province of an appellate Court is only to...must be obeyed, or its obligation denied. If the law be constitutional, and of that no doubt in the present case has been expressed, I know of no Court... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - 1870 - 708 pages
...would be a direct infraction of that law, and, of consequence, improper. It is in the general truth that the province of an appellate court is only to...must be obeyed, or its obligation denied. If the law be constitutional, and of that no doubt in the present case has been expressed, I know of no court... | |
 | Theodore Sedgwick - 1874 - 750 pages
...consequence, its obligation on the courts of the United States must be admitted. * * It is in the general true that the province of an appellate court is only to...governs, the law must be obeyed or its obligation denied. It is true that in mere private cases between individuals, a court will and ought to struggle hard... | |
 | United States. Supreme Court - 1882 - 758 pages
...would be a direct infraction of that law, and, of consequence, improper. It Is in the general true that the province of an appellate court is only to...must be obeyed, or its obligation denied. If the law be constitutional, and of that no doubt in the present case has been expressed, I know of no court... | |
 | 1902 - 988 pages
...ed. 49, 60, the Chief Justice, delivering the opinion of the court, said: "It is in the general true ) g 2 H \hw O > ~ >; } { ! ...> , } { P ' & 9 >e W w ! $ b appell ate court, a law intervenes and positively changes the rule which governs, the law must be obeyed,... | |
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