Oliver Wendell Holmes, Jr.

“ An appeal opens both fact and law, and therefore might be regarded as intended to raise questions of law in any way that might be deemed proper. But a petition for revision opens only questions of law, and when the foundation of its jurisdiction is thus narrowed, the action of the court cannot enlarge it so as to deal with the facts. In the next place, in this case the circuit court of appeals made no such attempt. ”

“ That court, remarking that the facts were not in dispute, proceeded to discuss their significance and effect, and reversed the decree, but allowed the selection of trustee to stand, as no allegation was made against him. ”