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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. "
Cases Argued and Adjudged in the Supreme Court of Florida - Page 159
by Florida. Supreme Court - 1887
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 6

Nathan Dane - Law - 1824 - 768 pages
...country for a remedy: 10. That it is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted and does not create the cause : 11. But this court, except in the'two cases of original jurisdiction, has only appellate...
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The Practice in Civil Actions and Proceedings at Law in ..., Page 144, Volume 1

Elijah Paine - Civil procedure - 1830 - 684 pages
...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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Condensed Reports of Decisions in the Supreme Court of Ohio, Volume 1

Ohio. Supreme Court - Law reports, digests, etc - 1832 - 976 pages
...have been tried by that court, by virtue of its appellate, and not of its original jurisdiction. It is the essential criterion of appellate jurisdiction, that it revives and corrects the proceedings, in the cause already instituted, and does not create that cause. 1 Cran. 175. The courts of justices of...
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Commentaries on the Constitution of the United States: With a ..., Volume 2

Joseph Story - Constitutional history - 1833 - 782 pages
...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, necessarily implies, that...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...can. § 354. What is appellate jurisdiction ? " The essen-tial criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a...already instituted, and does not create that cause." The appellate juris-diction may be exercised in a variety of forms,—indeed in any form which the...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...can. § 354. What is appellate jurisdiction ? " The essential criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a...already instituted, and does not create that cause." The appellate jurisdiction may be exercised in a variety of forms,—indeed in any form which the Legislature...
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The Political Grammar of the United States, Or, A Complete View of the ...

Edward Deering Mansfield - United States - 1836 - 304 pages
...can. § 354- What is appellate jurisdiction? "The essen-tial criterion of appellate jurisdiction is, that it revives and corrects the proceedings in a...already insti-tuted, and does not create that cause." The appellate jurisdiction may be exercised in a variety of forms,— indeed in any form which the...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...be appellate, not original. It is the essential criterion of appellate jurisdiction, that il 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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

Arkansas. Supreme Court - Law reports, digests, etc - 1841 - 662 pages
...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, necessarily implies that...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - Constitutional law - 1840 - 394 pages
...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, necessarily implies, that...
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