Lucius Quintus Cincinnatus Lamar

“ It is further agrued, in support of the contention of the plaintiff in error, that, if it should be held that a writ of error would not lie upon a question of jurisdiction until after final judgment, such ruling would lead to confusion and absurd consequences; that the question of jurisdiction would be certified to this court, while the case on its merits would be certified to the circuit court of appeals ”

“ At common law no writ of error could be brought except on a final judgment. Bac. Abr. 'Error,' A. 2. 'If the writ of error be returnable before judgment is given, it may be quashed on motion.' 2 Tidd, Pr. 1162. In respect to appeals there is a difference in the practice of the English chancery courts, in which appeals may be taken from an interlocutory order of the chancellor to the house of lords, and the practice of the United States chancery courts, where the right of appeal is by statute restricted to final decrees, so that a case cannot be brought to this court in fragments. ”

“ At October term, 1890, the defendant filed his demurrer to the jurisdiction of the court, on these grounds: (1) It appears from plaintiffs' amended complaint that the parties plaintiff and defendant are citizens of the Chickasaw Nation or tribe of indians, and that the court is without jurisdiction over the parties to this suit, and of this the defendant prays the judgment of the court whether he ought to answer said complaint. ”