 | United States. Supreme Court, Henry Wheaton - Law reports, digests, etc - 1816 - 614 pages
...But this is always deemed in both cases an exercise of appellate, and not of original jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control. A writ of error is, indeed, but a process which removes the record of one court to the possession of... | |
 | United States. Supreme Court - Law reports, digests, etc - 1816 - 576 pages
...deemed in both case-s an exercise of appellate, and not of original jurisdiction. If, then, the fight of removal be included in the appellate jurisdiction,...particular mode, or time of exercising it,, it may authoii/ea removal either before or after judgment. The time} the process, and the manner, must be... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...But this is always deemed, in both cases, an exercise of appellate, and not of original jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control. A writ of error is, indeed, but a process, which removes the record of one court to the possession... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...But this is always deemed in both cases an exercise of appellate, and not of original, jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control. A writ of error is, indeed, but a process which removes the record of one court to the possession of... | |
 | George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...But this is always deemed in both cases an exercise of appellate, and not of original jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control. A writ of error is, indeed, but a process which removes the record of one court to the possession of... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1855 - 702 pages
...But this is always deemed in both cases an exercise of appellate, and not of original jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control. A writ of error is, indeed, but a process which removes the record of one court to the possession of... | |
 | Rufus Choate, Samuel Gilman Brown - United States - 1862 - 548 pages
...But this is always deemed, in both cases, an exercise of appellate and not of original jurisdiction. If, then, the right of removal be included in the...time of exercising it, it may authorize a removal before or after judgment. The time, the process, and the manner, must be subject to its absolute legislative... | |
 | Encyclopedias and dictionaries - 1864 - 878 pages
...after judgment. " That is precisely what is proposed here. But this is always deemed, in both cases, an exercising that power; and as Congress is not limited...authorize a removal either before or after judgment. Mr. Powell, of Kentucky, strongly opposed the amendment, saying : " I hope the amendment of the senator... | |
 | 1864 - 878 pages
...removal be included in the appellate jurisdiction, it is only because it is one mode of exercising ili.11 power; and as Congress is not limited by the Constitution...authorize a removal either before or after judgment. Mr. Powell, of Kentucky, strongly opposed the amendment, saying: " I hope the amendment of the senator... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 624 pages
...cases, an exercise of appellate, and McCormick and Others ». Humphrey. not of original jurisdiction. If, then, the right of removal be included in the...must be subject to its absolute legislative control." The fifth section of the act of 1863 has been repeatedly held to be constitutional. Mr-. Justice DAVIS,... | |
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... acting according to the course of the common law in criminal as well as civil cases, and it is exercised before as well as after judgment. But this is always deemed in both cases an exercise of appellate, and not of original, jurisdiction. If, then,... 
