George Shiras, Jr.

“ No such provision can be found in the act, either in express terms or by implication. The true purpose of the act, as gathered from its context, is that the writ of error or the appeal may be taken only after final judgment, except in the cases specified in section 7 of the act.
'When that judgment is rendered, the party against whom it is rendered must elect whether he will take his writ of error, or appeal to the supreme court upon the question of jurisdiction alone, or to the circuit court of appeals upon the whole case. ”

“ That was a case of a writ of error from this court to the United States court for the Indian Territory, where a suit was pending and undecided, and the object of the writ was to get the opinion of this court on the question whether the lower court had jurisdiction of the suit. This court held that it was not competent for a party denying the jurisdiction of the trial court to bring that question here on a writ of error sued out before final judgment, and the writ was accordingly dismissed. ”