“ Whether the 7th Amendment, preserving the right of trial by jury, embraces a proceeding to condemn land for public use, was one of the questions arising for decision in the circuit court of appeals. In deciding it, the court but exercised an undoubted jurisdiction, and this whether the decision was right or wrong. If wrong, it was a mere error, and the landowners, having invited it, will not be heard to complain. The jury may award a less compensation than did the commissioners, and, if so, the United States will hardly be in a position to complain. ”

“ Being premature, the writ of error must be dismissed.
The power conferred upon this court by § 240 of the Judicial Code to require, by writ of certiorari, that cases in the circuit courts of appeals be certified here for review and determination, is plainly confined to that class of cases in which, according to the provisions of §§ 128 and 241, the final decrees and judgments of those courts are not reviewable upon appeal or writ of error ”

“ The proceeding was initiated, under the Attorney General's direction, by a petition filed in the district court of the United States for the district wherein the land is situate, praying for the appointment of commissioners, according to the law of the state, to ascertain the just compensation to be paid. ”