 | Hugh Henry Brackenridge - Law - 1814 - 608 pages
...had professed a disembarrassment of the question from the effect of precedent. But again, he says, " on considering this act it cannot be denied, that...essential criterion of appellate jurisdiction, that it reserves and corrects the proceedings in a cause already instituted. I quote, says he the very words... | |
 | Nicholas Baylies - Law reports, digests, etc - 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,...corrects the proceedings in a cause already instituted, and does Hot create that cause. 1 Cranch, 175. A mandamus may he directed to inferior courts. Ibid.... | |
 | Nathan Dane - Law - 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 - Civil procedure - 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,...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... | |
 | Joseph Story - Constitutional history - 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;... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - Law reports, digests, etc - 1840 - 660 pages
...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,...corrects the proceedings, in a cause already instituted, and does not create that cause." 1st Cranch, 175. We do not doubt the authority of the legislature... | |
 | Joseph Story - Constitutional law - 1840 - 394 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 cause. In reference to judicial tribunals, an appellate jurisdiction, therefore,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1841 - 662 pages
...Commentaries on the Constitution, page 626, 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,... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1842 - 704 pages
...before him, oust us of our legitimate authority. To repeat the language of chief justice Marshall, it is the essential criterion of appellate jurisdiction,...corrects the proceedings in a cause already instituted, and does not create that cause. 1 Cranch 175. Succession of Alexander Wedderburn. difficulties in their... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1853 - 926 pages
...be, in all things, affirmed. ALLIS Ex PARTE. The essential criterion of appellate jurisdiction is, that it revises and corrects the proceedings in a cause already instituted, but does not create that cause. The intention of the framers of the constitution is to be derived by... | |
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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. 
