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" To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. "
The American Decisions: Containing All the Cases of General Value and ... - Page 296
1886
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...rejecting such other construction, and for adhering to their obvious meaning. To enable this court, then, to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. It has been stated at the bar that...
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Commentaries on American Law, Volume 1

James Kent - Law - 1832 - 590 pages
...be original, nor original jurisdiction where the constitution had declared it should be appellate. To enable the court to issue a mandamus, it must be shown to be 1 Cranck, 137. an exercise, or necessary to an exercise, of appellate jurisdiction. The Supreme Court...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...rejecting such other construction, and for adhering to their obvious meaning. To enable this court, then, to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. It has been stated at the bar that...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...the section above referred to, of the constitution of the United States, came up before the supreme court, is that of Marbury v. Madison, (1 Cranch, 137.)...in exercising its appellate jurisdiction, issue a mandaimis to other courts, yet to issue such writ to an officer for the delivery of a paper, such as...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...be original, nor original jurisdiction where the constitution had declared it should be appellate. To enable the court to issue a mandamus, it must be shown to be an exercise, or *necessary to an *323 exercise, of appellate jurisdiction. The Supreme Court may accordingly issue...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...rejecting such other construction, and for adhering to their obvious meaning. " To enable this court, then, to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. " It has been stated at the bar,...
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Commentaries on American Law, Volume 1

James Kent - Law - 1858 - 732 pages
...How. R. 92. Sce, also, Rceside v. Walker, 11 How. US 272. United States v. Guthrie, 17 How. US 284. the court to issue a mandamus, it must be shown to be an *323 exercise, or *necessary to an exercise, of appellate jurisdiction. The Supreme Court may accordingly...
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Commentaries on American Law, Volume 1

James Kent - Law - 1860 - 748 pages
...How. R. 92. See, also, Reeside v. Walker, 11 How. US 272. United States v. Guthrie, 17 How. US 284. the court to issue a mandamus, it must be shown to be an exercise, or * necessary to an exercise, of appellate juris- * 323 diction. The Supreme Court may accordingly...
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Free Government in England and America: Containing the Great ..., Volume 25

John Fulton - Constitutional history - 1864 - 582 pages
...rejecting such otl$er construction, and for adhering to their obvious meaning. "To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction or to be necessary to enable them to exercise appellate jurisdiction. 4 'It has been stated, at the bar,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 6

Thomas Harvey Coldwell - Law reports, digests, etc - 1870 - 790 pages
...repeatedly exercised jurisdiction of this writ. But it has been held that, to enable that court to issue mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable it to exercise appellate jurisdiction, and not original: Moses on Mandamus,...
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