Of the Original and Appellate Jurisdiction of the Supreme Court
NOTES
1. 4 Dallas, 8.
2.McIntyre v. Wood, 7 Cranch, 504.
3. Art. 3. sec 2.
4.Smith v. Jackson, 1 Paine, 453. and see Infra, p. 323.
5. Act of Sept. 24th, 1789, sec. 13.
6. 2 Dallas, 297.
7. 1 Cranch, 137.
8. 5 Serg. & Rawle, 545.
9. 11 Wheaton, 467.
10. The Imperial Chamber and the Aulic Council in the Germanic constitution were tribunals of appellate jurisdiction only. It was the original law of Germany, that no man could be sued, except in the state or province to which he belonged.1 Ballam on the Middle Ages, 371-2.
11. 3 Dallas, 312.
12. 7 Cranch, 603.
13. 1 Wheaton, 304. Martin v. Hunter.
14. 1 Cranch, 137.
15. 3 Dallas, 411.
16. 4 Dallas, 3. New York v. Connecticut.
17. 3 Dallas, 321.
18. 1 Cranch, 212.
19. 3 Cranch, 159.
20. 6 Cranch, 307.
21. 7 Wheaton, 38.
22. 5 Cranch, 344.
23. 4 Wheaton, 311. In Hickie v. Starke, I Peters' Rep. 98. it was held, that in the exercise of the appellate jurisdiction of the Supreme Court, the record must show a complete title under the treaty or act of congress, and that the judgment of the court below was in violation of that treaty or statute.
24. 6 Wheaton, 264.
25. In Williams v. Norris, and Montgomery v. Hernandes, 12 Wheaton, 117, 129. under the 25th section of the judiciary act of 1789, chap. 20, it was held, that the Supreme Court has no appellate jurisdiction, unless the decision in the state court be against the right or title set up by the party under the constitution or statute of the United States, and the title depended thereon; or unless the decision be in favor of a stale law, when its validity was questioned, as repugnant to the constitution of the United States, and the right of the party depended upon the state law.
