Fact of the case: 

Thomas Jafferson defeated John Adams in presidential election of 1880.But, John Adams created an Act, by which he appoint many judges before Thomas Jafferson formally entered the office. But for final appointments it was necessary to deliver their commission from secretary of state. James Madison was Secretary of state at that time, refused to deliver the commission. Marbury was one of the appointees, filed writ of mandamus in Supreme court of U.S.A. 

Issue :

1. Do the petitioner have the right to receive commission? 

2. Can they Sue for delivery of commission? 

3.Does the SC have authority to order delivery of commission. 

Judgement of the case :

Madison's refusal of delivery of commission is illegal but court didn't ordered for delivery.Supreme court wrote in its judgement that Judiciary Act, 1789, through which Marbury has filed writ of mandamus, is against the constitution and Congress do not have the power to legislate against the constitution in its regular legislation, hence Judiciary Act, 1789 is void.