The Practice in Civil Actions and Proceedings at Law in the State of New York; In the Supreme Court, and Other Courts of the State, and Also in the Courts of the United States Volume . 2

The Practice in Civil Actions and Proceedings at Law in the State of New York; In the Supreme Court, and Other Courts of the State, and Also in the Courts of the United States Volume . 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1830 edition. Excerpt: ...Congress cannot extend toe original jurisdiction of Uie court beyond the cases specified in the constitution. It has been held, that a case which belongs to the jurisdiction of die supreme court, on account of the interest which a state has in the controversy, must be one in which the state is, either nominally or substantially, the party.70 And in this case the court declined to decide, as the point was not before them, the important question, whether they had jurisdiction of a suit between states, where the right of state jurisdiction only, abstractedly from the right of soil, was in question. By another clause101 of the thirteenth section of the judiciary act, the supreme court were empowered to issue writs of mandamus to persons holding office under the authority of the United States; and under tliis provision an application was made to the court for a mandamus to compel the secretary of state of the United States to issue commissions to certain officers of the United States: But the court held that the provision, so far as it attempted to confer such power, was uncon stitutional; as it could not be considered as an appellate power, TMTM, TM being in its nature original; and as congress could not assign original jurisdiction to the court in any other cases than those specified in the constitution: And the court observed that, "when an instrument, organizing fundamentally, a judicial system, divides it into one supreme, and so many inferior courts as the legislature may ordain and establish; then enumerates its powers, and proceeds so far to distribute them, as to define the jurisdiction of the supreme court by declaring the cases in which it shall take original jurisdiction, and that in others, it shall take appellate jurisdiction;...show more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236545443
  • 9781236545442