A Digest of Statutes, Rules, and Decisions: Relative to the Jurisdiction and Practice of the Supreme Court of the United States |
From inside the book
Results 1-5 of 95
Page vii
... Final or not . Decisions 1-14 Matter in Dispute . Decisions 1-45 . Jurisdiction , Miscellaneous . Decisions 1-72 Criminal Cases . Decisions 70-74 Writ of Error . Decisions 1-60 . · APPEALS IN EQUITY AND ADMIRALTY CASES Appeal ...
... Final or not . Decisions 1-14 Matter in Dispute . Decisions 1-45 . Jurisdiction , Miscellaneous . Decisions 1-72 Criminal Cases . Decisions 70-74 Writ of Error . Decisions 1-60 . · APPEALS IN EQUITY AND ADMIRALTY CASES Appeal ...
Page 9
... final disposition of the case was made after service on the judge of a rule to show cause why the writ should not issue , and though other cases of the same character may be pending in the same court . Ib . 10. ( Dec. , 1870 ...
... final disposition of the case was made after service on the judge of a rule to show cause why the writ should not issue , and though other cases of the same character may be pending in the same court . Ib . 10. ( Dec. , 1870 ...
Page 25
... final to that court . Hence such court cannot , after entering the judgment , hear affidavits or testi- mony , and grant a rule for a new trial ; and , if it does grant such a rule , a mandamus will issue from this court , order- ing it ...
... final to that court . Hence such court cannot , after entering the judgment , hear affidavits or testi- mony , and grant a rule for a new trial ; and , if it does grant such a rule , a mandamus will issue from this court , order- ing it ...
Page 28
... final judgment " in that sense which authorizes a writ of error . The remedy of the party against whose will the suit has been remanded is by mandamus to compel action , and not by a writ of error to review what has been done . Railroad ...
... final judgment " in that sense which authorizes a writ of error . The remedy of the party against whose will the suit has been remanded is by mandamus to compel action , and not by a writ of error to review what has been done . Railroad ...
Page 29
... final decree , but denied their right to an appeal therefrom . Held , 1. That they had that right . 2. That , to enforce it , a mandamus lies from this court . Ex parte Jordan , 4 Otto , 248 . 80. ( Oct. , 1876. ) This court cannot , by ...
... final decree , but denied their right to an appeal therefrom . Held , 1. That they had that right . 2. That , to enforce it , a mandamus lies from this court . Ex parte Jordan , 4 Otto , 248 . 80. ( Oct. , 1876. ) This court cannot , by ...
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A Digest of Statutes, Rules, and Decisions Relative to the Jurisdiction and ... Erastus Thatcher No preview available - 2017 |
Common terms and phrases
11 Otto 12 Wall 9 Wall act of Congress action admiralty affirmed alleged allowed amount amount in controversy appeal lies appellate jurisdiction authority award Bank Bank of United bill of exceptions brought certified Circuit Court clerk complainant Constitution controversy counsel Court of Claims Cranch cuit Court decided decision demurrer diction discretion dismissed District Court district judge docket drawn in question equity error or appeal evidence Ex parte Bradstreet execution exercise facts filed final decree final judgment grant ground habeas corpus Held highest court inferior court issue judgment or decree Judiciary Act jury libel Louisiana mandamus mandate matter in dispute ment motion opinion party petition petitioner plaintiff in error plea pleadings proceedings Railroad record refused remanded rendered rule show cause Stat statute suit Supreme Court term tion treaty trial twenty-fifth section United validity verdict want of jurisdiction Wheat writ of error
Popular passages
Page 255 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 194 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 182 - States, and the decision is in favor of such, their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially let up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be reexamined and reversed or affirmed in the Supreme Court of the United States upon...
Page 1 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 248 - States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court...
Page 8 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 157 - Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the .supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States...
Page 365 - Court then next ensuing. 2. When the death of a party is suggested, and the representatives of the deceased...
Page 379 - INTEREST. 1. In cases where a writ of error is prosecuted in this court and the judgment of the inferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State * where such judgment was rendered.
Page 16 - Virginia has applied to this court for a rule to show cause why a mandamus should not issue commanding the judge of the District Court of the Western District of Virginia, the Hon.