Samuel Nelson

“ The proceedings under the act of 1851, we think, should be regarded in the same light-in the nature of a proceeding in equity. The form of the decision has always been in conformity thereto. An appeal is the appropriate mode of bringing the case up to the appellate court for review, and such has been the uniform practice under the act. ”

“ If he retains the case and determines it, an appeal, it is admitted, lies; if he transfers the case, and the decree or judgment is in the Circuit, it must be denied. We think Congress could hardly have intended this result. It places the right of an appeal not on the judgment of the circuit judge who rendered it, but in the discretion of the judge of the District Court.
It is urged that the proceedings under the act of 1851, concerning California land titles, are special, and are not to be regarded as cases either in law or equity. ”

“ If made at all, it must be by the authority of the 4th section-by the authority of law-the same as in the case of interest of counsel, or general disability of the judge, or from relationship, and falls within the practice applicable to these cases.
This clause is subject to an additional objection; for, as the transfer is optional, and may be granted or not, if the decree of judgment of the Circuit Court is not matter of appeal, or writ of error, whether any appeal be permitted or not in the case, is within the power of the district judge. ”