 | 1912 - 1204 sider
...be appellate, not original. 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. Although, therefore, a mandamus may be directed to courts, yet to Issue such a writ to an officer for... | |
 | 1888 - 942 sider
...be appellate, not original. 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. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 918 sider
...same time.4 1 Judge Story says : "The essential criterion of appellate jurisdiction is that it revises and corrects the proceedings in a cause already instituted, and does not create that cause. In reference to judicial tribunals, an appellate jurisdiction, therefore, necessarily implies that... | |
 | John Downey Works - 1894 - 956 sider
...23, 25. 1 Ante, sec. 7. 1 Anderson's Die. of Law, 580. ' Elliott's A.pp. Pro., sec. 16. it revises and corrects the proceedings in a cause already instituted and does not create the cause. In reference to judicial tribunals, an appellate jurisdiction, therefore, necessarily implies... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895 - 764 sider
...v. McDowell, 6 Wall. 363. " It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted...create that cause." Marbury v. Madison, 1 Cranch, 137, 175. MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court. The motion... | |
 | American Historical Association - 1895 - 626 sider
...institutions. Judge Story has said2 that "the essential criterion of appellate jurisdiction is that it revises and corrects the proceedings in a cause already instituted, and does not create that cause." The doctrine thus clearly stated by this eminent American jurist is essentially the same as that held... | |
 | James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - 1896 - 1242 sider
...Constitutional Law, § 1761 : "The essential criterion of appellate jiirtsdictimi is that it revises and corrects the proceedings in a cause already instituted, and does not create that cause. In reference to judicial tribunals, an appellate jurisdiction, therefore, necessarily implies that... | |
 | 1899 - 976 sider
...Appellate jurisdiction.— lt 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. The issuance of mandamus by the Supreme Court against the secretary of State would be the exercise... | |
 | Emlin McClain - 1900 - 1126 sider
...137, it was snid, that it is the essential criterion of appellate jurisdiction that it revises airU corrects the proceedings in a cause already instituted; and does not create that canse. " Tried by this criterion, the case before us comes in an appellate form, for it seeks to revise... | |
 | John Marshall - 1903 - 832 sider
...be appellate, not original. 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. 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. 
