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Updated: June 12, 2025


For each of the States and Territories as well as for the United States there is one supreme court of appellate jurisdiction. This is generally confined to equity causes, election contests and certain actions for extraordinary relief known as prerogative writs, such as informations in the nature of quo warranto and writs of mandamus.

For these reasons judges of appellate courts often concur in opinions, of the soundness of which they are only convinced because of the respect they entertain for the good judgment of their associates. They are willing to distrust themselves rather than them. In New Jersey seventy-three out of every hundred were.

The supreme court consists of a chief-justice and two associates, elected by joint vote of the two branches, for six years. It has appellate jurisdiction only in all cases of chancery, and constitutes a court for the correction of errors at law. Each district court consists of a judge elected by the voters of the district, for five years, at the township elections.

These suspicions were, of course, only confirmed when the new board voted to withdraw the suit of their predecessors from the Appellate Court and to act upon the decision of the lower court.

The following from Lord Granville refers to a conversation in the House of Lords on the constitution of the Appellate Court of the Judicial Committee. The Marquis of Salisbury had said that in his opinion it should be a court of fixed constitution. At present it was often difficult to discover who were the judges in the particular case.

The only judicial power substantially now remaining in the English Parliament is the power of impeachment, which is rarely exercised in England, and the appellate jurisdiction of the House of Lords, of the "law" lords, that is, those peers who held legal offices.

In the second case, that of Livingston, the complainant had been defrauded out of $500 by means of the "green goods" game; but this conviction was reversed by the Appellate Division of the Second Department on the authority of the McCord case.

Neither is it to be disguised that the organization of our judicial system is at once a difficult and delicate task. To extend the circuit courts equally throughout the different parts of the Union, and at the same time to avoid such a multiplication of members as would encumber the supreme appellate tribunal, is the object desired.

Lincoln was transferred from the bar of that circuit to the office of the President of the United States, having been without official position since he left Congress in 1849. In all the elements that constitute the great lawyer he had few equals. He was great both at nisi prius and before an appellate tribunal.

There was danger, moreover, to the citizen from the oppression of these powerful bodies, as well as to the public from their usurpations; and were authority wholly wanting, argument would be almost unnecessary to prove that some appellate tribunal must always have had jurisdiction to pass upon the validity of corporate legislation; for otherwise any summary punishment might have been inflicted upon an individual, though notoriously unlawful, and the only redress possible would have been subsequent proceedings to vacate the charter.

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