Melville Fuller

“ By the act of February 25, 1889, (25 Stat. 693, c. 236,) 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 such judgment or decree wighout reference to the amount of the same ”

“ The writ specifies no particular ground of error, and it is upon the writ that the allowance was entered November 16, 1891, the judge certifying that on that day it was presented to him 'for allowance and signature.' But in any view the absence of the formal certificate cannot be helped out by resort to these papers. ”

“ Under section 5 of the judiciary act of March 3, 1891, a writ of error can be taken directly to this court from the circuit courts only in the six classes of cases therein mentioned; and the contention is that the writ may be sustained in this case, as falling within the first class, described in that section as follows: 'In any case in which the jurisdiction of the court is in issue ”