McCluny v. Silliman
Supreme Court of the United States
as register.of the land-office of the United States, at Zanesville, in the state of Ohio, commanding him to enter the application of the plaintiff, for certain tracts of land according to the provisions of the 9th section of the act of Congress, of the 10th May, 1800, entitled “An act providing for the sale of the lands of the United States, in the territory of the United States, northwest of the Ohio, and above the mouth of Kentucky river.”
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as register.of the land-office of the United States, at Zanesville, in the state of Ohio, commanding him to enter the application of the plaintiff, for certain tracts of land according to the provisions of the 9th section of the act of Congress, of the 10th May, 1800, entitled “An act providing for the sale of the lands of the United States, in the territory of the United States, northwest of the Ohio, and above the mouth of Kentucky river.” A rule to show cause had been obtained in the supreme court of tne state of Ohio, (being the highest court of law or equity of that state;) whereupon the…
1Opinion of the Court
The motion was denied by the court.
Motion denied. a
a
In the case of Marbury v. Madison, 1 Cranch, 137., the court determined, that having, by the constitution, only an appellate jurisdiction, (except in cases of ambassadors, &e.;) and'it being arj essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that cause: That, although a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper, was, in effect, the same as to sustain an original action for that paper,…
2Cases cited4 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. PetersSupreme Court of the United States · 1809
- McIntire v. WoodSupreme Court of the United States · 1813
- Livingston v. DorgenoisSupreme Court of the United States · 1813
3Cited by12 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Person v. DoughtonSupreme Court of North Carolina · 1923
- Person v. . DoughtonSupreme Court of North Carolina · 1923
- People ex rel. Mulford v. TurnerCalifornia Supreme Court · 1850
- Umstead v. Board of ElectionsSupreme Court of North Carolina · 1926
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