Question

In the court's opinion in marbury entitled to his appointment

Answer 1

Yes. In the opinion of the court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested.Marshall explicits stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.