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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. "
Reports of Cases Argued and Adjudged in the Supreme Court of the United ... - الصفحة 105
بواسطة United States. Supreme Court, William Cranch - 1812
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Judicial and Statutory Definitions of Words and Phrases, المجلد 1

1904 - عدد الصفحات: 1032
...judicially administered. Auditor of State v. Atchison, T. & SFR Co.. 6 Kan. 500, 505, 7 Am. Rep. 575. It is the essential criterion of "appellate jurisdiction"...that it revises and corrects the proceedings in a case already instituted, and does not create that cause. Therefore, though mandamus may be directed...

The Judicial Power of the Commonwealth: With the Practice and Procedure of ...

Sir John Quick, Littleton Ernest Groom - 1904 - عدد الصفحات: 572
...THE COMMONWEALTH. 33 habeas corpus. The essential criterion of a Court of Appellate Jurisdiction is that it revises and corrects the proceedings in a cause already instituted in another Court ; it does not originate that cause. Hence an application for a mandamus directed to...

The Constitutional Decisions of John Marshall, المجلد 1

John Marshall - 1905 - عدد الصفحات: 518
...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,...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...

Selected Cases on the Law of Officers Including Extraordinary Legal Remedies

Frank J. Goodnow - 1906 - عدد الصفحات: 740
...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,...revises and corrects the proceedings in a cause already insituted. and does not create that cause. Although, therefore, a mandamus may be directed to courts,...

The Southeastern Reporter, المجلد 67

1910 - عدد الصفحات: 1176
...court pursuant to law." Elliott on App. Pro., J 16. Its essential criterion is, says Justice Story, "that It revises and corrects the proceedings in a cause already instituted, and does not create that cause." 2 Story Const., i 1761. What reviewing, reversing, correcting, or...

... The Judicial Code of the United States in Force January 1, 1912: Act of ...

United States - 1912 - عدد الصفحات: 190
...appellate jurisdiction In the Federal system Is purely statutory." Helke v. TJ. 8., 217 US, 428. " It Is the essential criterion of appellate jurisdiction...corrects the proceedings in a cause already instituted and does not create that cause." Mnrbnry v. Madison, 1 Cranch, 137, 175. "An appellate Jurisdiction...

Federal Courts and Practice: All Sherman Law Trust Prosecutions and Syllabus ...

John A. Shields - 1912 - عدد الصفحات: 946
...appellate; the distribution of jurisdiction, made in the constitution, is form without substance. ******** It is the essential criterion of appellate jurisdiction...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...

United States Compiled Statutes, Annotated, 1916, المجلد 2

United States - 1916 - عدد الصفحات: 1138
...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...corrects the proceedings in a cause already instituted, and does not create that cause. Marbury v. Madison (1803) 1 Cranch, 137, 2 L. Ed. 60. The appellate...

Ruling Case Law: As Developed and Established by the Decisions ..., المجلد 18

William Mark McKinney, Burdett Alberto Rich - 1917 - عدد الصفحات: 1360
...than revised or corrected as in case of appellate jurisdiction. As said by Chief Justice Marshall, "it is the essential criterion of appellate jurisdiction...corrects 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...

Leading Cases on the Constitution of the United States: Arranged for Use in ...

Harvard University. Department of Government - 1917 - عدد الصفحات: 166
...exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. It is the essential criterion of appellate jurisdiction,...corrects the proceedings in a cause already instituted, and does not create that cause. The authority, therefore, given to the supreme court, by the act establishing...




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