Melville Fuller

“ Nor do we think that the allowance of the appeal can be treated as a certificate. The prayer for appeal did, indeed, state that claimant appealed 'upon the ground that this court was without jurisdiction to make the said decree,' but it specified no question of jurisdiction, and asked 'that a transcript of the record and proceedings and papers upon which said final decree was made should be sent up,' as if the appeal were on the whole case. The entry of the district judge thereon was, 'Appeal allowed.' This was wholly insufficient to subserve any other than the ostensible purpose. ”