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Intermediate Appellate Courts

Intermediate Appellate Courts image
Parent Issue
Day
18
Month
May
Year
1882
Copyright
Public Domain
OCR Text

The bilí providing for interiuediate appellate courts, which has just passed Congress, creates intennediate courts, or one iu each existing circuit, and eighteen new circuit judges, or two additional for each circuit, who are to be appointed by the President. The court of each circuit will then consist of the Associate Justice of the Supreme Court allotted to that circuit, three Circuit Judges and two of tbe District Judges. The latter will be designated at each term for the succeedlng term, and if practicable in rotation, and four of the judges are to constitute a quorum. Appellate jurisdiction is conferred upon the new court over the decrees of Circuit or District Courts in causes involving more than $500, or where a Circuit or District Judge shall certify that the adjudication involves a question of general importance. The decisions of an appellate court on questions of fact are to be conclusive, but reviews upon points of law may be had upon writs of error to the Supreme court when the matter in controversy exceeds $10,000, the present limitation being $5,000. In a criminal case a writ of error may be sued out, if allowed by the Judges of the Appellate Court, but cannot be granted after unsuccessful application to another judge. If the judges do not differ and a case is within their jurisdiction, their action is to be final and a writ may be taken upon a question of jurisdiction, but not to review the whole case. Exceptional permissioii to appeal to the Supreme Court is also granted in questions involving the construction of the Constitution or the validity of a treaty or Federal law. The bilí prescribes the clerical forcé of the new courts and flxes the following places at which the flrst terms of the courts in the respective circuits shall be held: Boston, New York, Philadelphiü, llichmond, New Orleans, Cincinnati, Chicago, St. Louia and San Francisco. The terms are to begin the llrst Tuesdays in May and November, beginning with November, 1882. It is also provided that a district or circuit judge who has Uied a cause shall not sit in hearing upon the appeal.

Article

Subjects
Old News
Ann Arbor Democrat