Ferris v. Coover

Citations

• 11 Cal. 175

Syllabus

<p>The twenty-fifth section of the Act of Congress of 1789, commonly called the Judiciary Act, is constitutional.</p> <p>In the exposition of Constitutions, as of inferior laws, the solemn, deliberate, and long-settled, precedents of Courts, and the practice and acquiescence of Governments and people, should possess controlling weight.</p> <p>This Court does not, however, recognize an unlimited right of appeal from its decisions to the Supreme Court of the United States. The Act gives no such right. The appellate power of the Supreme Court in this respect is strictly limited to the cases given in the Act. Like any other special authority, it is to be strictly pursued, and the record, must show upon its face the facts which give the power. In a case falling within the provisions of section twenty-five, this Court acknowledges the right of appeal, but denies it in all other cases.</p> <p>On application for a citation on production of a writ of error from the Clerk of the United States Court, and for a stay of proceedings in the Supreme Court of this State, the duty and power of issuing the citation devolves on the Chief Justice, as a chamber proceeding, and he must see, when he is required to act or authorized to proceed under the Federal law, that he is within that law.</p> <p>A contrary doctrine would permit writs of error in every case, whether civil or criminal, and would delay the whole machinery of justice in the Courts of the State in every case, however destitute of any right to a writ of error.</p> <p>An action of ejectment, raising the question whether a grant made by the Mexican Government passed title to the tract within the limits of the grant, is not a case in which a writ of error lies under the Judiciary Act.</p> <p>The judiciary system created by the Constitution of the United States is entirely disconnected with, and independent of, the Judiciary of the several States. Per Terry, C. J.</p> <p>The appellate jurisdiction of the Supreme Court of the Uni