Melville Fuller

“ By the act of February 25, 1889, it was provided 'that in all cases where a final judgment or decree shall be rendered in the circuit court of the United States in which there shall have been a question involving the jurisdiction of the court, the party against whom the judgment or decree is rendered shall be entitled to an appeal or writ of error to the supreme court of the United States to review said judgment or decree without reference to the amount of the same ”

“ The appeal, having thus been taken prior to the passage of the act of March 3, 1891, is not governed by that act. It is true that the citation a § not signed until April 14, 1891, and not served until the 17th of the month; but neither the signing nor the service of the citation was jurisdictional, its only office being to give notice to the appellees. Jacobs v. George, 150 U.S. 415, 14 sup. Ct. 159. ”