| Bailiff v. Tipping | |
|---|---|
 | |
| Decided February 25, 1805 | |
| Full case name | Bailiff v. Tipping |
| Citations | 6 U.S. 406 ( more ) |
| Holding | |
| A writ of error must have a citation. | |
| Court membership | |
| |
| Case opinion | |
| Majority | no opinion issued |
Bailiff v. Tipping, 6 U.S. (2 Cranch) 406 (1805), was a United States Supreme Court case in which the Court held that a citation must accompany a writ of error in order for the court to hear the case.
In the older common law procedure, a writ of error was a writ issued by an appellate court directing a lower court to deliver the record in the case for review. It was the most common form of remedial process available to the losing party after the final determination of the case on its merits. [1] Similarly in the older common law context, a citation was a court-issued writ commanding a person to appear at a certain time and place in order to do something demanded in the writ, or to show cause for not doing something demanded. [1]
At issue was whether the courts of the United States have jurisdiction to hear a case in which one alien sues another alien.
The Circuit Court for the District of Kentucky held that the courts did not have jurisdiction in a case where the parties were both aliens. There was a writ of error to the Supreme Court.
Where the writ of error lacks a citation, the writ of error must be dismissed. But see Mason v. Ship Blaireau (6 U.S. 240, 2 Cranch 240) for a case deciding the question of whether the courts of the United States may hear a case in which the parties are both aliens.
Marbury v. Madison, 5 U.S. 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
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In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
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In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
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United States v. Schooner Sally, 6 U.S. 406 (1805), was an 1805 decision of the United States Supreme Court which found that the question of forfeiture of a vessel is of admiralty and maritime jurisdiction, not of common law.
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United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.
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