Note 297 — Chapter VIII · THE LAW OF JUDICIAL POWER

Martin v. Hunter’s Lessee, 1 Wheaton, 304 (1816); opinion by Mr. Justice Story; this case remains the leading case on the appellate jurisdiction of federal courts. The appellate jurisdiction of the courts is discussed by Marshall in Marbury v. Madison: “The essential criterion of appellate jurisdiction is that it revises and corrects the proceedings in a cause already instituted, and does not create that cause,” Ex parte, Watkins, 7 Peters, 568 (1833).