| 1888 - 942 strani
...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... | |
| Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 918 strani
...different at the 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,... | |
| American Historical Association - 1895 - 626 strani
...American 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... | |
| James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - 1896 - 1242 strani
...States; it must be by one clothed with judicial authority, and acting in a judicial capacity." It is an essential criterion of appellate jurisdiction, that...corrects the proceedings in a cause already instituted, and does not create that cause. Marbury t'. Madison, i Cranch (US) 175; Tierney v. Dodge, 9 Minn. 166.... | |
| Morris March Estee - 1898 - 1142 strani
...where the order grants or refuses to grant a change of the place of trial of an action.333 It is an essential criterion of appellate jurisdiction, that...revises and corrects the proceedings in a cause already instituted.3s4 The taking an affected in any way by the respondent's filing in the cause a written... | |
| 1899 - 976 strani
...Potts, 2 Mont 242, 292; Daniel v. Ct. of Warren, 1 Bibb (Ky.), 496, 500. Appellate jurisdiction.— lt is the essential criterion of appellate jurisdiction...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... | |
| Emlin McClain - 1900 - 1126 strani
...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... | |
| United States. Supreme Court - 1901 - 1186 strani
...constitution, only an appellate Jurisdiction, (except In cases of ambassadors, etc.;) and it being an essential criterion of appellate- Jurisdiction, that...corrects the proceedings In a cause already instituted, and does not create that cause. That, although a mandamus may be directed to courts, yet to issue such... | |
| John Marshall - 1903 - 828 strani
...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... | |
| John Marshall - 1903 - 832 strani
...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... | |
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