 An appeal is a process of civil law origin, and removes a cause entirely, subjecting the fact, as well as the law, to a review and retrial ; but a writ of error is a process of common law origin, and it removes nothing for reexamination but the law.  United States Reports: Cases Adjudged in the Supreme Court - Page 83by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895Full view - About this book
 | Alexander James Dallas - 1799 - 552 pages
...borne. An appeal is a procefs of civil law origin, and removes a oaufe entirely; fubjefling the f.icr. as well as the law, to a review and re-trial : but a writ of error is a proctfs of common law origin, and it removes nothing for re-examination but the law. Does the Statute... | |
 | United States. Supreme Court - 1812 - 408 pages
...to the opinion of Ch. J. Ellsworth, Ini the case of Wiscart v. Duitchy, 3 Dal. 327. where he says, " an appeal is a process of civil law origin, and removes...fact as well as the law to a review and retrial;" and to the opinion of Marshall, Ch. J. in the case of Pennington v. Coxtf, 2 Crunch, 61. March 7. MARSHALL,... | |
 | United States. Supreme Court, William Cranch - 1812 - 408 pages
...opinion of Ch. J. Ellsworth, in TH£VU. S. the case of Wiscart v. Dauchy, 3 Dal. 327. where he says, " an appeal is a process of civil law origin, and removes...fact as well as the law to a review and retrial;" and to the opinion of Marshall, Ch. J. in the case of Pennington v. Coxe, 2 Crunch, 61. March 7. MARSHALL,... | |
 | Joseph Story - 1840 - 394 pages
...writ of error, or by an appeal, or by some process of removal of a suit from an inferior tribunal. An appeal is a process of civil law origin, and removes...subjecting the fact, as well as the law, to a review and a re-trial. A writ of error is a process of common law origin ; and it removes nothing for re-examination,... | |
 | George Van Santvoord - 1854 - 550 pages
...views of the law, and must be admitted to be strictly legal, as well as logical. An appeal, he remarks, is a process of civil law origin, and removes a cause...retrial. But a writ of error is a process of common law origin, and removes nothing for re-examination but the law. The judiciary act, he thinks, preserves... | |
 | George Van Santvoord - 1854 - 554 pages
...legal, as well as logical. An appeal, he remarks, is a process of civil law origin, and removes a canse entirely, subjecting the fact as well as the law to...retrial. But a writ of error is a process of common law origin, and removes nothing for re-examination but the law. The judiciary act, he thinks, preserves... | |
 | Florida. Supreme Court - 1855 - 834 pages
...no revision and correction of error of law merely, no remitting of the case below for further trial. "An appeal is a process of civil law origin and removes...subjecting the fact as well as the law, to a review and a retrial. A writ of error is a process of common law origin, and it removes nothing for re-examination... | |
 | Alexander Mansfield Burrill - 1859 - 736 pages
...of the civil law ; the judgments of courts of common law being removed by writ of error. An appeal removes a cause entirely, subjecting the fact as well as the law to a review and re-trial ; a writ of error removes nothing for re-examination but the law. Story, J. 1 Gallison'sR. 12, 13.... | |
 | Joseph Story - 1865 - 382 pages
...writ of error, or by an appeal, or by some process of removal of a suit from an inferior tribunal. An appeal is a process of civil law origin, and removes...subjecting the fact, as well as the law, to a review and a re-trial. A writ of error is a process of common law origin ; and it removes nothing for re-examination,... | |
 | Joseph Story - 1865 - 384 pages
...process of removal of a suit from an inferioi tribunal. An appeal is a process of civil law origin, anil removes a cause entirely, subjecting the fact, as well as the law, to a review and a re-trial. A writ of error is a process of common law origin ; and it removes nothing for re-examination,... | |
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