UNITED STATES SUPREME COURT DECISIONS ON-LINE

U.S. Supreme Court

Martin v. Hunter's Lessee, 14 U.S. 1 Wheat. 304 304 (1816)

Martin v. Hunter's Lessee

14 U.S. (1 Wheat.) 304

ERROR TO THE COURT OF APPEALS

OF THE STATE OF VIRGINIA

clubjuris

Page 14 U. S. 305

This was a writ of error to the Court of appeals of the state of Virginia, founded upon the refusal of that Court to obey the mandate of this Court, requiring the judgment rendered in this same cause, at February Term, 1813, to be carried into due execution. The following is the judgment of the Court of appeals, rendered on the mandate:

"The Court is unanimously of opinion that the appellate power of the Supreme Court of the United States does not

Page 14 U. S. 306

extend to this Court under a sound construction of the Constitution of the United States; that so much of the 25th section of the act of Congress, to establish the judicial courts of the United States as extends the appellate jurisdiction of the Supreme Court to this Court is not in pursuance of the Constitution of the United States. That the writ of error in this cause was improvidently allowed under the authority of that act; that the proceedings thereon in the Supreme Court were coram non judice in relation to this Court, and that obedience to its mandate be declined by the Court."