 | United States. Supreme Court - 1911 - 1242 pages
...the judgment of an inferior court. Chief Justice Marshal says, in Marbury v. Madison, 1 Cranch, 175: "It is the essential criterion of appellate jurisdiction,...in a cause already instituted, and does not create the cause." The case, or subject matter in dispute, now under consideration was not instituted in any... | |
 | United States - 1912 - 190 pages
...appellate jurisdiction In the Federal system Is purely statutory." Helke v. TJ. 8., 217 US, 428. " It Is the essential criterion of appellate jurisdiction...already instituted and does not create that cause." Mnrbnry v. Madison, 1 Cranch, 137, 175. "An appellate Jurisdiction necessarily Implies some Judicial... | |
 | John Marshall - 1914 - 380 pages
...exercised in a variety of forms, and that if it be the will of the legislature that a mandamus should be used for that purpose, that will must be obeyed....the jurisdiction must be appellate, not original. tuted, and does not create that cause. Although, therefore, a mandamus may be directed to courts, yet... | |
 | John Bouvier, Francis Rawle - 1914 - 1210 pages
...Carr, Hard. (Ky.) 305; aud it was said in Mnrliury v. Madison, that its essential criterion is "tlmt it revises and corrects the proceedings in a cause...already instituted, and does not create that cause" ; 1 Cra. (U. S.) 137, 175. 2 L. Ed. GO. Auditor of State v. K. Co.. (i Kan. 500, 505, 7 Am, Rep. 575;... | |
 | Eugene Wambaugh - 1915 - 1106 pages
...exercised in a variety of forms, and that if it be the will of the legislature that a mandamus should be used for that purpose, that will must be obeyed....the jurisdiction must be appellate, not original. It-ip the essential criterion of appellate jurisdiction, that it revisesanu corrects the proceedings... | |
 | United States - 1916 - 1138 pages
...Baltimore & OR Co. v. Interstate Commerce Commission (1909) 30 Sup. Ct. 86, 215 US 216, 54 L. Ed. 164. It is the essential criterion of appellate jurisdiction...already instituted, and does not create that cause. Marbury v. Madison (1803) 1 Cranch, 137, 2 L. Ed. 60. The appellate jurisdiction of the supreme court... | |
 | Harvard University. Department of Government - 1917 - 166 pages
...exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. It is the essential criterion of appellate jurisdiction,...already instituted, and does not create that cause. The authority, therefore, given to the supreme court, by the act establishing the judicial courts of... | |
 | Walter Malins Rose - 1917 - 1284 pages
...State may invoke original jurisdiction of United States Supreme Court. Note, Ann. Cas. 1912C, 529. It is the essential criterion of appellate jurisdiction...already instituted, and does not create that cause. The issuance of mandamus by the Supreme Court against the Secretary of State -would be the exercise... | |
 | William Mark McKinney, Burdett Alberto Rich - 1917 - 1358 pages
...than revised or corrected as in case of appellate jurisdiction. As said by Chief Justice Marshall, "it is the essential criterion of appellate jurisdiction...the proceedings in a cause already instituted and doc.s not create that cause;" 17 and if the writ is issued to an inferior court it is usually in aid... | |
 | Francis Newton Thorpe - 1917 - 312 pages
...discussed by Marshall in Marbury p. Madison: "The essential criterion of appellate jurisdiction is that it revises and corrects the proceedings in a...already instituted, and does not create that cause, " Ex parte, Watkins, 7 Peters, 568 (1833). 2Gaines p. Fuentes, 92 US, 1o (1875). Security Mutual Life... | |
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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 case. 
