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Updated: June 12, 2025
Virginia, in 1821, the Supreme Court held that it had appellate jurisdiction in a case decided by a state court where the Constitution and laws of the United States were involved, even though a State was a party; whereupon the Virginia House of Delegates declared that the State's lawyers had been right in their contention that final construction of the Constitution lay with the courts of the States.
In many States errors in law of petty courts may be reviewed in higher trial courts. Ordinarily it is the statutory right of a defeated litigant to take an appeal, provided he can state any colorable ground of exception. In some jurisdictions he is required to obtain the approval of the trial court or else of some member of the appellate court.
Ellsworth, as is generally understood, reported the bill for the organization of the judicial department, and in that bill made provision for the exercise of this appellate power of the Supreme Court, in all the proper cases, in whatsoever court arising; and this appellate power has now been exercised for more than forty years, without interruption, and without doubt.
This claim to appellate jurisdiction, which was much disputed by the Commons during the reign of Charles II, was only conceded in return for a similar concession to the Commons in financial matters. Here the Commons practically made their resolutions law, though the Lords insisted that the privilege should not be abused by "tacking" extraneous provisions on to financial measures.
The Leaguers no longer troubled to mask their true intentions. As a token of their unity they built the city of Alessandria, named after Frederic's bitterest enemy, the lawful Pope; and they solemnly repudiated the appellate jurisdiction of the imperial law-court . Six years elapsed before Frederic could return to demand satisfaction, and even then he could only muster some eight thousand men.
The companies defendant had contended that the recourse of the property-owners was against, not them, but the owner of the cow. Kobo-Dogarque believes that this decision was afterward reversed by an appellate court of contrary political complexion and the companies were compelled to compromise, but of this there is no record. It is certain that in the San Francisco case the precedent was urged.
The single exception is that of a State court in Wisconsin, and this has not only been reversed by the proper appellate tribunal, but has met with such universal reprobation that there can be no danger from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity.
They exercise appellate jurisdiction over cases adjudged by courts of first instance and courts-martial, and original jurisdiction in admiralty cases and in the prosecution of certain judicial and administrative officials. Prior to 1908 there was one supreme court, with five members, and no court of appeals.
The term closed with a banquet given by the grand jury of the district court to the justices and officers of both courts at Fraunce's Tavern in Cortland Street. So gradually did appellate and original cases find their way into the Supreme Court that three sessions were held before it had a case on its docket.
Those of appellate courts are generally composed and delivered by a single one of their members, but he speaks not only for the court but for every other member of it who does not expressly dissent.
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