 | United States. Supreme Court, William Cranch - 1812 - 516 pages
...considering this act it cannot be denied that if it vests any power at all, it is an original power. " It is the essential criterion of appellate jurisdiction,...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
...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 pages
...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.... | |
 | Elijah Paine - 1830 - 684 pages
...purpose, that will must be obeyed. This is true, yet the jurisdiction must be appellate, not original. It is the essential criterion of appellate jurisdiction,...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
...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 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 - 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 - 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... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1840 - 660 pages
...least, the application to some other tribunal for its judicial action, and a refusal to act. To adopt the language of chief justice Marshall, "it is the...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... | |
| |
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. 
