 | Nicholas Baylies - 1814 - 478 lapas
...writ is directed, but by the nature of the thing to be done. Marbury v. Madison. 1 Crancli, 170. 74 It is the essential criterion of appellate jurisdiction,...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 - 764 lapas
...sundry instances, Ch. 187, provided for by statutes; District of Columbia, only on a final judgment. It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings below, and does not create a cause. Two citizens of the same State, in a court in their State, CH.... | |
 | Joseph Story - 1833 - 800 lapas
...what is the mode, in which it may be exercised. The essential criterion of appellate jurisdiction is, that it revises and corrects the proceedings in a 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 lapas
...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 lapas
...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 lapas
...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 lapas
...jurisdiction may be 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...essential criterion of appellate jurisdiction, that il revises and corrects the proceedings in a cause already instituted, and does not create that cause.... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1840 - 660 lapas
...tribunal for its judicial action, and a refusal to act. To adopt the language of chief justice Marshall, "it is the essential criterion of appellate jurisdiction,...already instituted, and does not create that cause." 1st Cranch, 175. We do not doubt the authority of the legislature to regulate the exercise of this... | |
 | Joseph Story - 1840 - 394 lapas
...what is the mode, in which it may be exercised. The essential criterion of appellate jurisdiction is, that it revises and corrects the proceedings in a...already instituted, and does not create that cause. In reference to judicial tribunals, an appellate jurisdiction, therefore, necessarily implies, that... | |
 | Arkansas. Supreme Court - 1841 - 662 lapas
...Commentaries on the Constitution, page 626, says " the essential criterion of appellate jurisdiction is that it revises and corrects the proceedings in a...already instituted, and does not create that cause in reference to judicial tribunals: an appellate jurisdiction, therefore, necessarily implies 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 that case. 
