[Download] "United States v. Mayer" by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Mayer
- Author : Supreme Court of the United States
- Release Date : January 16, 1914
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Preliminarily, objection is raised to the authority of this court to answer the questions certified. Under ç 239 of the Judicial Code, questions may be certified by the Circuit Court of Appeals "in any case within its appellate jurisdiction, as defined in section one hundred and twenty-eight"; and ç 128 provides that the Circuit Courts of Appeals "shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the District Court," etc. The argument is that an application to a Circuit Court of Appeals for a writ of prohibition is an original proceeding. But the jurisdiction of the Circuit Courts of Appeals is exclusively appellate (Act of March 3, 1891, çç 2, 6, c. 517, 26 Stat. 826, 828; Jud. Code, çç 117, 128; Whitney v. Dick, 202 U.S. 132, 137, 138); and their authority to issue writs is only that which may properly be deemed to be auxiliary to their appellate power. Jud. Code.