 | Emlin McClain - Constitutional law - 1900 - 1126 pages
...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1124 pages
...constitution, only an appellate Jurisdiction, (except In cases of ambassadors, etc.;) and it being an essential criterion of appellate- Jurisdiction, that...already instituted, and does not create that cause. That, although a mandamus may be directed to courts, yet to issue such a writ to an officer for the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1903 - 326 pages
...of the person to whom the writ is directed, but by the nature of the thing to be done Id. *170 23. It is the essential criterion of appellate jurisdiction...cause already instituted, and does not create that clause Id. *178 24. A mandamus may be directed to inferior courts. ............................. Id.... | |
 | Law - 1904 - 1034 pages
...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... | |
 | Sir John Quick, Littleton Ernest Groom - Civil procedure - 1904 - 572 pages
...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... | |
 | Frank J. Goodnow - Administrative law - 1906 - 740 pages
...exercised in a variety of forms, and that if it be the will of the legislature that a mandamus should be used for that purpose, that will must be obeyed....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,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1906 - 810 pages
...judgment of an inferior court. Chief Justice Marshall says, in Marbury v. Madison, 1 Cranch, 175,—"Itis the essential criterion of appellate jurisdiction,...in a cause already instituted, and does not create the cause." The case, or subject-matter in dispute, now under consideration was not instituted in any... | |
 | United States. Supreme Court - Law reports, digests, etc - 1910 - 1246 pages
...of the person to whom the writ Is directed, but by the nature of the thing to be done. Id. 170 22. It Is the essential criterion of appellate Jurisdiction...proceedings In a cause already Instituted, and does not reate that cause. Id. 175 28. A mandamus may be directed to Inferior Id, in. MARINE ORDINANCES. See... | |
 | Law reports, digests, etc - 1910 - 1176 pages
...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...already instituted, and does not create that cause." 2 Story Const., i 1761. What reviewing, reversing, correcting, or affirming is demanded upon a petition... | |
 | United States. Supreme Court - Law reports, digests, etc - 1910 - 700 pages
...etc.;) and It belDg sn essential criterion of appellate Jurisdiction, that It revises and corrects tbe 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 a writ to an officer for the... | |
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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 case. 
