Melville Fuller

“ If the jurisdiction of the circuit court is in issue, and decide in favor of the defendant, as that disposes of the case, the plaintiff should have the question certified, and take his appeal or writ of error directly to this court (2) If the question of jurisdiction is in issue, and the jurisdiction sustained, and then judgment or decree is rendered in favor of the defendant on the merits, the plaintiff, who has maintained the jurisdiction, must appeal to the circuit court of appeals, where, if the question of jurisdiction arises, the circuit court of appeals may certify it. ”

“ This case was docketed here under the title, 'In the Matter of the Application of Gustave A. Jahn & Co. upon certain merchandise entered by the 'Alps,' August 15, 1890'; but the correct title is 'United States v. Gustave v. Jahn et al.,' for the reasons given by Mr. Justice Gray in U.S. v. Hopewell, 5 U.S. App. 137, 2 C. C. A. 510, and 51 Fed. 798. ”