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. 1868 Excerpt: ... Comm., 629. - 3 Peters' Rep., 446. The only modes known to the common law to re-examine such facts are: 1st, the granting a new trial by the court where the issue was tried; and 2d, by a writ of error, for an error in law, by some appellate court: neither of these includes the power of re-examining facts already tried ...
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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. 1868 Excerpt: ... Comm., 629. - 3 Peters' Rep., 446. The only modes known to the common law to re-examine such facts are: 1st, the granting a new trial by the court where the issue was tried; and 2d, by a writ of error, for an error in law, by some appellate court: neither of these includes the power of re-examining facts already tried by another court. 388. The appellate jurisdiction is to be with such exceptions and regulations as "the Congress shall prescribe." But here a question is asked, whether the jurisdiction attaches to the Supreme Court in its own nature, to be modified by Congress, or whether an act of Congress is necessary to confer that jurisdiction? If Congress have the power they may repeal it, and thus destroy the whole efficacy1 of the court. It was formerly decided by the Supreme Court, that if Congress provided no rule to regulate their proceedings, they could exercise no jurisdiction. That decision has, however, been since overruled, and it is asserted by the Supreme Court, that without any limitation of powers by an act of Congress, it must possess all the jurisdiction which the Constitution assigns it. The appellate powers of the Supreme Court are given by the Constitution, and not by the judicial act.2 But they are regulated and limited by that act. 389. There are certain incidental powers which are attached to all courts without the necessity of an enactment. The functions of the judges are strictly judicial. They cannot be called upon to advise the President, or to give extra-judicial opinions, or to act as commissioners, or other like matters. 1 3 Story's Comm., 648. - Crunch, 307, 313. Thus also the courts have power over their own officers, and the power to protect them and their members from being disturbed in ...
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